Legal Question in Real Estate Law in New York
property transfer
Hi, My mother is now in assisted living and the family would to sell the house to her Grand daughter (age 25). What kind of papers do I ask a layer to draw up to transfer the ownership over to the grand daughter and have my mother hold the mortgage of repayment. also I do not live in the same city as my mother, can I have a layer out where I live write up the papers and bring them to mom to sign? Or is it best to use a layer in the area where the house to be bought is located?
Thank you in advance.
2 Answers from Attorneys
Re: property transfer
As the other attorney stated, your mother must be mentally competant to sign over her house. It may make sense to have a power of attorney drawn up to have this transfer take place. Furthermore, the attorney must be admitted to practice law in the state where the property is situated. The document changing ownership is called a "deed". A mortgage could easily be drafted as well.
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Re: property transfer
First, is your mother mentally competant to sign over her house? Does anyone have a Durable Power of Attorney permitting the sale?
To answer your question, the attorney must be admitted to practice law in the state where the property is situated. The document changing ownership is called a "deed".
If you hsould have any other questions, please do not hesitate to contact me.
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