Legal Question in Wills and Trusts in New York
Deed Transfer after a Death
In 2005 my friends mother passed away. Her mother , Father, Brother and herself are on a deed to a home they own. The mother had no will. Her and her brother are re-financing the home. Her father will sign his share of the deed over to them. How do they get the Mom off the Deed, who has the authority to sign for her?? The banks commitment will expire in 7 days. She also has one other brother who is not making a claim against the property and would sign whatever needs to be signed....Help.
1 Answer from Attorneys
Re: Deed Transfer after a Death
If she is on the deed as joint title owner with right of survivorship, she doesn't have to come off.
If she is on the deed as tenants in common, someone needs to file for Administration of her Estate. Once they are appointed, he signs for her.