Legal Question in Wills and Trusts in New York
Corrective deed in estate
I read attorneys replies about a quitclaim deed that should be corrected to state joint tenancy with right of survivorship to prevent probate.The county clerk said the corrected deed has to state that it is corrected,& why it is corrected from the original. Is a new quitclaim deed used? Where do you state the correction? {EG: Grantor A&B to Grantee A&B as joint tenants with survivorship. This deed corrects original deed, from liber #, page #, by conferring joint tenancy to A&B. Then continue rest of deed as the original with property description, etc.} Thaank you.
1 Answer from Attorneys
Re: Corrective deed in estate
A new Deed is required to be filed and recorded. The only changes from the original and the Grantee language which is the same as the original Grantor language (probably XY and AB, as equal tenants in common or just the names) and the new Grantor language which should read XY and AB as joint tenants with right of survivorship. The consideration can be $10.00 and after the legal description you can add the statement "This Deed is being filed to correct the prior Deed recorded in Liber xxx at Page xxx, to reflect the Grantor as correctly being joint tenants with right of survivorship." If you need assistance in the preparation of the Deed, FAX me a copy of the original and give me an e-mail address to return the new Deed. The fee is minimal and I will give you recording instructions or arrange to record it on your behalf. You are responsible for recording fees and there are some additional forms also required to be properly recorded. Or, you can have a local title company assist you and handle the recording, which will be less costly.