Legal Question in Real Estate Law in New York
Quit Claims
My sibling and I share a portion of land. He gave me his, but has since died before a quit claim or deed was drawn up. His wife wants to give it to me now, but they have two minor children (ages 8 and 13) and we were told this would create a problem since the kids now have a legal interest in it. What can we do?
1 Answer from Attorneys
Re: Quit Claims
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I would need to see the deed in order to determine how best to proceed.
If you and your brother owned the property as Tenants-In-Common, it may be necessary to file in Surrogate's Court to get Letters of Administration. Then your sister-in-law would have the authority to transfer title. This would likely involve a guardian being appointed for the minor children.
If you owned the property as Joint Tenants you would automatically inherit your brother's share.
Feel free to contact me if you wish further information.