Legal Question in Wills and Trusts in New York
My aunt inherited her house from her mom . (1969). The name on the deed was never changed.
My aunt has the will, deed, and all the documents and records related to her mom's
estate. She has always lived in the house and her name is on all other property and tax records
How does she fix this? Does she need to get a lawyer?
What would be the approximate cost -- what are approximate legal fees charged for this?
thank you!
2 Answers from Attorneys
Your aunt should consult with an estates attorney as soon as possible. She may need to have the will admiitted to probate in the court before she is able to file a deed transferring the property to herself. If she wishes to discuss fees and costs, she may contact me directly.
I agree with Rudolf that unless the Will has already been probated, some proceeding needs to be done now, so there is someone acting as Executor to sign a new Deed. In the alternative, she could do a Deed from herself as the sole heir of her mom's estate to heself. This presumes she was the sole heir of the estate. If there were other heirs, like brothers or sisters who inherited other property, they should also sign the new Deed, An attorney, like myself, familiar with estates and real estate law, should be consulted and used. It should only run a few hundred dollars or so to prepare the new Deed and record it.