Legal Question in Real Estate Law in New York

Re: Owning My Home

If you were appointed as the Administrator of his estate by the Surrogate's Court, you could issue an Administrator's deed to yourself or to any other heirs.

If you are his sole heir, i.e.: no children, you can issue a deed as his heir to yourself.

In order to mortgage the property, the title company would need to be satisfied that you are in fact, the sole heir.

The Clerk of the Surrogates' Court in the county where your husband resided at his death has the forms for applying to be the Administrator.

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Re: Owning My Home

You do not say if he died, with or without a Will. In either case, someone must be appointed to represent his estate (executor named if there was a Will, or you, as administrator if there was no Will). This is done through the Surrogate's Court in the County where he died. If there was no Will, you have the right to the house, and as the adminsitrator you can file it after you are appointed. You rights, if there were a Will are different and it would depend upon what the Will states. I need more information to properly respond.