Legal Question in Real Estate Law in New York

He has to convey the title to you via a deed which should then be filed with the County Clerk.

The deed needs to recite that the deed is given, not in consideration of a price but "for love and affection." Otherwise, there is a transfer tax equal to 0.4% of the fair market value of the property. If the property is worth more than $50,000, your brother may have gift tax liability.

There ain't no free lunch.

And, he may also have to file federal and state gift tax returns as he making a gift to you. Whether or not a tax is due, depends upon the value of the house, after any liabilities that you assume, like a mortgage.