Legal Question in Real Estate Law in New York

Years ago my husband and myself purchased a home with some lottery money we won as a down payment. We had real bad credit so my brother in law bought the house under the stipulation that we pay the mortgage and when paid off he would deed it to us. We have kept up on the payments but he passed away a few years ago and in his will he stated that the house was ours upon his death for $1.00. Shortly after his passing my husband (his brother) became very ill and just passed away this month. The mortgage is still in my brother in laws name and I need to know what has to be done to get it put in my name. I want to continue to live in the houe and pay off the mortgage but don't want to do this if my name is not on it.


Asked on 2/27/13, 4:59 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

If BIL's Will gave you and his brother the house, the Executor should have recorded a Deed making you the owners. If this was not done, it should be done now. The Mortgage should be referenced in the Deed. Upon the passing of your brother, you should be the sole owner, if a proper Deed was done, as decribed earlier. You should contact the bank and arrange for the mortgage to be transferred to you. A good, local, real estate attorney could assist you.

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Answered on 2/27/13, 5:17 pm
Paul Vaygen Law Offices of Paul A. Vaygen

My colleague is correct. You should be more concerned with title to the house rather than the mortgage. The will needs to be probated by the executor and then title transferred to your name from the estate of your brother-in-law.

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Answered on 2/28/13, 5:54 am


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