Legal Question in Real Estate Law in New York
Staten Island, New York. My father passed in 1995. He along w/ my mother (his wife) my ex husband and myself are owners (on title) of my house. My ex husband wants no part of the house neither does my mother. I'm remarried and want to have my new husband on the deed. I know my EX and mother need to do a quit claim to add my husband. Being I'm already on the title (and staying on it), I don't think I need to grant anything so I don't need to sign anything...is this correct? What about my father...How do I get him off of the deed? I have a death certificate. Do I just give the death certificate to the county recorder's office? Thank you for your time.
1 Answer from Attorneys
First, your father. It depends if title to the house is as tenants in common or joint tenants. A joint tenant takes title upon the death of the other owner. With a tenant in common, the decedent's heirs take title. If ownership is as joint tenant, you would simply file the death certificate and an amended deed - with your mother owning 1/3, ex 1/3 and you 1/3.
If the house is owned as tenants in common, you would have to go to Surrogate's Court to form an estate. The executor or administrator would own 1/4, your mother 1/4, 3x 1/4 and you 1/4. The executor or administrator would then have to deed the 1/4 to your father's heirs (heirs either through will or intestate).
The deed. If everyone is "gifting" you the property, you do not need to sign the deed. However, you would still need to sign the transfer documents.
Mike.
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