Legal Question in Wills and Trusts in New York

estate wills

My aunt and my mother own a house. In 2006 my aunt signed over her part of the house to my mother. Though my aunt signed over the deed, my mother never filed the paperwork with the proper agency. My aunt died last week. My mother went to file the paperwork today, and found out that my aunt needs to sign the paperwork, even though she signed the deed. Also, my aunt was in a domestic partnsherhip with a man in new jersey. Does that mean the domestic partner of my deceased aunt now owns part of my mother's house? (my mother intends to leave it to her children when she dies.


Asked on 11/14/07, 11:37 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: estate wills

I am a New York lawyer and do not practice in New Jersey. The general rule is that ownership of real estate is transferred when a deed is signed and delivered. The recording of the deed is, among other things, to protect the transferee in the event the transferor attempts to convey a property a second time. The fiduciary (executors or administrator four) can sign and file the recording and tax documents.

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Answered on 11/15/07, 9:02 am


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