Legal Question in Wills and Trusts in New York
Deed Transfer
My mother owned a 4 family home in Brooklyn, which was in her name only. She died in 1978 and my father never did anything were her estate. She died without a will. I am now the administrator of the estate and need to deed the property to me, my father, and 2 brothers. How do I do this?
2 Answers from Attorneys
Re: Deed Transfer
As an administrator of the estate I assume you have Letters of Administration. If that is true, you would have to prepare an Administrator's Deed to deed the property from Mother to Father and Children. You would also have to prepare and file an ACRIS form found on the New York City Government Website.
If you need help with this feel free to telephone.
Mike.
Re: Deed Transfer
This is a complicated question and I suggest that you retain the services of an attorney. The real property must be distributed according to the laws of intestacy as they existed in 1978 not as they exist today. Another factor in determining distributive shares is how title was held when your mother passed away. For example, if the property was held by your mother and father "as husband and wife" then 100% of the property passed to your father upon your mother's death. You should hire an attorney to sort these issues out before you record a deed.
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