Legal Question in Real Estate Law in New York

Technical question on real property transfer in NYS

Situation:1. Residence is held by husband and wife as tenants by the entirety. 2. Husband dies. Wife is executrix. 3. Wife wants to transfer this property into her living trust.

Question: Can she be named alone on the QC deed as party of the first part, or must she also include the estate of her husband?


Asked on 2/26/08, 3:40 pm

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

Re: Technical question on real property transfer in NYS

Since husband and wife were on the deed as tenants by the entirety, by operation of law the deed automatically passes to wife. No probate or administration proceeding is needed. Therefore, deed does not have to name the estate.

Mike.

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Answered on 2/26/08, 3:48 pm


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