Legal Question in Real Estate Law in New York
question about property ownership
I am 25 years old, and have lived in the same house, since I was born. The house was purchased by my grandparents, in the 1950s. It was then left to my father, when they passed away. My father passed away in 1987, and left the house to me and my mother. My mother remarried, in 1990, and my step-father moved in. They both moved out of this house, in 2002. They have not been living here, since then. I have stayed in the house, alone. I am 25, now, and we have been speaking of signing the house over to me. My step-father doesn't think my mom needs to be present, but I don't understand how she doesn't need to be, if she intends to sign over her half of the house, to me. I have attempted to contact a lawyer, but he does not call me back, or my parents. Is a lawyer supposed to be that difficult to contact? Am I entitled to have the house 100% in my name, since they have no intentions on moving back her, ever? Is it better if we do this sooner, rather than later?
3 Answers from Attorneys
Re: question about property ownership
You StepFather is incorrect. Your mother needs to sign a deed and supporting recording documents, before a notary or commissioner of deeds, to transfer her share and interest in the premises to you.
YOU do not need to be present at her execution of the transfer, but IT IS necessary for your mother to properly sign before witnesses (a lawyer). And, it is appropriate for you AND YOUR mother to be present.
In order to save later aggravation, it is also adviseable that you utilize the services of an attorney for Deed and document prep; and a Title company, to insure title and for recording.
But, you may (and probably should) use your own attorney, instead of waiting for someone else to make arrangements.
You should Take care of this matter immediately. For, Delay may find you fighting with your Stepfather for the share, if your mother predeases him, without transferring the property to you.
Good luck,
Re: question about property ownership
A lawyer is not supposed to be that difficult to contact and you should not use one who is.
Your Mother does not need to be present. She can sign the appropriate documents in front of a notary wherever she is and return them by mail. This is not a complicated procedure.
As far as doing it sooner rathar than later, if you and Mom own the house as joint tenants with right of survivorship, no rush. If you own it as Tenants In Common, you MUST do it right away.
Re: question about property ownership
All owners need to sign the deed transferring property. It is not that difficult
Good Luck
RRG
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