Legal Question in Real Estate Law in New York
Overturning A Deed
My boyfriend's aunt has always been closer to him than her own children. She added him to the deed for her home under ''joint tenants with rights of survivorship''. Desperate to avoid probate, she signed his name on his behalf, as he was overseas at the time. Her children, infuriated, are plotting to overturn the deed. 1) What can my boyfriend and his aunt do to ensure that he gets ownership? 2) What happens to the deed that she signed on his behalf?
1 Answer from Attorneys
Re: Overturning A Deed
Your bfs aunt should stop trying to do this herself and should consult with a lawyer who can help. When a post-mortem challenge to a deed is anticipated, it makes no sense at all not to enlist the services of a professional to ensure that things are done correctly. The aunt will not be able to testify after she is dead.
See also: http://info.corbettlaw.net/lawguru.htm