Legal Question in Wills and Trusts in New York

estate never created since 1935

grandfather died 1933 grandmother 1935 deed still in grandmothers name. how do we change deed to read estate of? queens nyc


Asked on 6/16/04, 12:39 pm

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: estate never created since 1935

A surviving child, or grandchild if there are no children surviving, has to apply for administration in the county where your grandmother died. You will need an original death certificates for both grandparents for the administration. Once appointed, the administrator can record a new Deed. Administration is somewhat complicated and you might need a NY attorney to assist you. If you need someone, I have several highly competent NY attorneys I work with that could help you.

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Answered on 6/16/04, 12:53 pm
Anthony Park Anthony S. Park, PLLC

Re: estate never created since 1935

You need to either probate the estate (if there is a will) or administer the estate (if there is no will). Then you can record a new deed.

Contact my office if you need an attorney in New York to assist you with this matter. Good luck.

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Answered on 6/16/04, 12:58 pm

Re: estate never created since 1935

Where is the property located? If in Florida, a surviving beneficiary can Petition for Summary Administration in the county where the property is located. I am unfamiliar with NY law but I imagine, NY has a similar process in the event the property is located in NY.

Should you have further questions or require assistance in this matter, please feel free to contact me directly via email or phone at (407) 353-4728.

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Answered on 6/16/04, 3:57 pm


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