Legal Question in Real Estate Law in New York

Switching the name on a deed

My grandmother had a common law marriage with someone for 15 years which she had one biological child with, one day her ''husband'' died suddenly of a massive heart attack. She has been paying all of the bills for the house including the taxes for the last 40 years but the house is still in his name. Is there any way she can get the house in her name if she provides a death certificate and if not what would she have to do to get the house in her name? The neighborhood is no longer safe to live in and she would like to try and sell the house but can not since it is not in her name. My grandmother is not a wealthy person, she is just a little old lady who lives day to day and worries about this often. She can not afford to go and get a lawyer so I would like to know the easiest way that she can fix this problem so most of her worries can be over. Please help me with this matter, thank you for your time.


Asked on 6/30/09, 7:46 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Switching the name on a deed

There is no common law marriage in NY. The man's house would be distributed pursuant to a will, or if there is no will, under NY intestacy laws.

Under the intestacy laws the house would pass to this man's wife (if there is one) together with a right of election of $50,000. If there was never a wife, this man's house would pass to his children in equal shares. If there is only one child, the house would pass to the child.

Mike.

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Answered on 7/01/09, 8:10 am


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