Legal Question in Real Estate Law in New York

I have been maintaining what I thought was my parents home for over 30 years (paying taxes, upkeep, etc). However, the deed is in my paternal grandmother's name. Both she and my paternal grandfather died intestate as well as both my parents. How do I go about geting the deed in my name so I can sell the property?


Asked on 9/22/14, 11:13 am

4 Answers from Attorneys

kevin connolly Kevin J. Connolly

You need to do an intestate administration for your grandparents. Was your father the only child of that marriage? (If he had siblings then they or their descendants may have a claim.) Just as important, who's actually in possession of the house? After this much time, you probably have good title by adverse possession. This can get tricky, because we will need to do an investigation to show if there are other potential claimants.

I think it would be best if you came to my office for a meeting to discuss the situation. My office is in midtown Manhattan, 18 East 41st Street. I am just as close to Grand Central as I am to Time Square, so as often as not I just ride the N or Q to Times Square. If you're closer to Steinway, the R train works as well.

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Answered on 9/22/14, 11:22 am
David Slater David P. Slater, Esq.

Both estates must go to probate. You may have a lien for the funds you paid. Retain counsel.

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Answered on 9/22/14, 11:23 am
Walter LeVine Walter D. LeVine, Esq.

I concur with the other responders. This gets quite complicated if there were other children of your grandparents and/or your parents. You will probably have to retain a good probate and real estate attorney to assist you and be sure all bases are covered. If you are the only child of your parents, start by being appointed administrator of the survivor's estate and taking it from there. There may be an alternative route, such as filing your lien as the payor of the upkeep over allthese years and then suing to foreclose the lien and cutting off any claims by other potential family members who may have a claim to the estate. I am not sure which may be quicker and less costlier.

This is a response to an Internet question and the reply is for informational purposes only and is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 9/22/14, 12:37 pm
Arnold Nager Arnold H. Nager, Esquire

If your father was the sole heir of your grandmother and if you are the only child, you may be able to deed the property without a Surrogate's Court proceeding.

Obviously a title company must be willing to insure the resulting title.

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Answered on 9/22/14, 2:19 pm


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