Legal Question in Real Estate Law in New York
single family deed transfer
What form should I use to transfer ownership from son and mother to son only? Mother is still alive and consents to this transfer. The dwelling is single family in NYC.
Is a lawyer necessary to file this transfer? thanks
2 Answers from Attorneys
Re: single family deed transfer
All that needs to be done is have a standard Deed (be sure it contains covenants against Grantor's acts) between the mother and son, which must be witnessed and notarized. An Affidavit of Consideration and tax forms must be attached. While an attorney is not necessary, if the forms are correctly filled out and filed, it might be better to consider using one so it is done correctly. I can assist you even though I am in NJ, as I am familiar with NY Deeds and recording requirements. It will run $75.00, plus filing fees and we can do it through the mail. Call me at (973)-377-3313 if you are interested. You should be aware that if this is a gift, there may be gift tax problems to consider. I can discuss this with you as well, if you'd like.
Walter
Re: single family deed transfer
A "Quit Claim"deed which is available at most stationery stores is all that is required, along with a description of the property, which can be copied from the original deed. Also required are forms available from the County Clerk's office for the transfer. If no mortgage payoff is involved the process should not require an attorney.