Legal Question in Wills and Trusts in New York

Nothing. If the Deed merely states that your mother retained a life estate and she has passed away, the life estate has terminated. However, any person looking at the recorded Deed might presume your mother is still alive and has to be dealt with in the event of a sale, refinancing or other event where ownership and residence rights are involved. To avoid possible problems, a new Deed can be recorded to show Mom has passed away and that the only owners are you and your wife.

When the time comes that you wish to sell the house, you will need a copy of Mom's death certificate to prove the life estate no longer exists.

You need to do nothing at this time.