Legal Question in Real Estate Law in New York
signing a house over
i just wanted some information about the process that needs to take place in order for my grandfather to sign his house over to me or my mother. he is 83years old, has no will and says that the house will be mine but if it is not in writting I know that it will be taken away from the family. If you could just let me know where I could get this information or if you can send this information to me. Thanks
4 Answers from Attorneys
Re: signing a house over
you have to file a new deed its not too difficult.
you can call me at 516 466 5297 or call a title company
Re: signing a house over
You and/or your gradfather should speak to an attorney about either drafting a will, or filing a deed to transfer the house now. There may be tax consequences so speaking with an attorney is the best first step. I would be happy to discuss the matter. You may call me at 585-454-7145 x249
Re: signing a house over
Although your grandfather can simply deed the house to you and/or your mother it is generally to your advantage to inherit the house upon his death as opposed to receiving it now as a gift.
That would require your grandfather to make a Will.
Feel free to call me at 914-478-2981 if you have any further questions. There is no charge for a short telephone consultation.
Re: signing a house over
IF HE DOES NOT WANT TO MAKE A WILL (WHICH WOULD REQUIRE PROBATE AND PROBATE FEES), HE COULD SIMPLY DO A NEW DEED ADDING YOUR MOTHER AND YOU, WITH THE DESIGNATION JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. FOR HIS PROTECTION, THE NEW DEED SHOULD SPECIFY THAT HE HAS RESERVED A LIFE ESTATE TO CONTINUE TO RESIDE IN THE HOUSE, AND SOMETHING SHOULD BE PUT IN WRITING ABOUT WHO IS RESPONSIBLE FOR DAY-TO-DAY EXPENSES (TAXES, INSURANCE, REPAIRS, MAINTENACE, ETC.) SEPARATE FROM THE DEED. THE WRITTEN SPECIFICATION OF EXPENSES SHOULD BE SIGNED BY HIM AND NOTARIZED.