Legal Question in Real Estate Law in New York

Re: help

Deed, Mortgages etc., are recorded; and are public records accessible to you, in the county real property records office, during regular business hours, in virtually all states.

You may usually make a copy of the actual deed, tax record etc., directly from the micro film copy of same.

However, it is possible your father transferred the property to your brother and himself during his life, cutting you off from what you believe you were entitled to receive.

But, you should immediately consult with a lawyer to assist you in reviewing the records and the applicable law in your case before coming to any conclusions.

Good luck,

Phroska L. McAlister,Esq.

Re: help

The answer depends upon how the Deed adding your brother reads. You need to see or get a copy which is available at the local County Clerk's or Register's office. There are 2 ways to title the property between parents and children: tenants in common or joint tenancy with right of survivorship. Tenants in common creates an ownership between 2 people, but allows each to pass their undivided interest to other people by Will or intestacy (no Will). Unless the Deed specifies otherwise, just naming 2 people as tenants in common makes each an one-half owner. So, your brother will own 1/2, and your father's 1/2 would pass as provided in his Will. If the Deed says father and son as joint tenants with right of survivorship, when one owner dies his share of the house automatically goes to the other person named in the Deed. If the Deed says this (or uses the initials JTROS) your brother owns the entire house and the Will provisions are negated by the Deed language, as the Deed registration supercedes the Will. If JTROS is designated, your only recourse is to sue your brother, claiming your father was improperly advised and erred in the Deed registration. While the Will, if dated after the Deed, may indicate and support this argument, you will have an uphill battle proving there was an error. If the Will was signed before the Deed, expect to lose. The general term "property" may or may not include the house, but generally means personal property (like bank accounts, securities, clothing, jewelry, etc.) and does not include real estate, which would be referred to as "real property". This language in the Will may also be evidence of your father's intention to give the house to your brother. I am providing a general answer. I would need to see a copy of the Will and the Deed, to give you a more specific opinion. As an aside, if there is confusion, you may have a claim against the attorney who wrote the Will for negligence in its preparation. This may also apply to the attorney who prepared the Deed if what it says is not what your father intended. Last thought is that there may have been a reason for the particular child to get the house and you should discuss this with your siblings..