Legal Question in Wills and Trusts in New York

Deed Change if you are an only child

My mother passed away last year and her name is still on the deed. She did not leave a will. I have no siblings and my father is passed as well. I am the only heir to the house, but I am not sure the best way to go about changing the deed. I researched online and found there is a ''Real Property Transfer Report'' form for NY state. Once I received the form and read it over, it does not state anything about changing the property owner due to death. It looks to be for purchase of property only. Is there a different form for property or deed transfer due to death? Any help on this is greatly appreciated.


Asked on 5/26/09, 12:32 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Deed Change if you are an only child

You would have to become the administrator of your mother's estate. Since you are an only child and your father pre-deceased your mother, this is an easy process. You would have to petition the Surrogate's Court.

Once you receive "Letters of Administration", you would then have to prepare a deed to transfer the property from your mother's estate to you. Again, this is an easy process.

Mike.

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Answered on 5/26/09, 7:58 am


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