Legal Question in Wills and Trusts in New York

Distributing property to beneficary

I am the executor of My Mother Estate and have been issued Letters of Testamentary. Her Estate simply consists of Her ownership of a unit in a two family dwelling with the other unit being owned by her mother. They owned the home in tenancy in common. My sister is the beneficary of my moms unit and I would like to turn it over to her, since she is currently living in the home. What must I do to change the deed or have her half of home legally hers. All taxes and expenses have been addressed. Lawyers seem to want to charge me a great deal for this mysterious and magical step.


Asked on 10/14/02, 5:42 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Distributing property to beneficary

You cannot separate the premises. A new deed to the new owners as tenants in common must be executed by the surviving owner and the executor of the estate of the deceased. Good luck.

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Answered on 10/14/02, 9:34 pm
Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: Distributing property to beneficary

I have to recommend that you have an attorney handle the change in deed naming your sister as the new co-owner of the property.

But certainly "shop around" (call up your county's bar association and ask for several referrals) and get various rates from attorneys. The transaction seems straight forward with all of the testamentary details already taken care of.

Good luck.

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Answered on 10/15/02, 11:58 am


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