Legal Question in Wills and Trusts in New York

Lost original deed to house

Dad passed, Dad has 3 biological children, 1 stepdaughter

whom he never raised. I'm the oldest biological daughter and

executrix to my dad will. My problem is this, '' The deed to

dad 2 family house has disappeared, can't be found nowhere

What should I do now. I only have dad will leaving the house

to his 3 bio adult children, but no deed to the house. The

house was bought in 1965. The mortage has been paid up.

What should I do about about the lost deed to my dad home.

I beleive dad lost the deed years ago. Being the execturix

how will I handle this problem. The deed needs to be changed

over and put in dad adult children name. dad left me, oldest

adult daughter 1/2 of the house, 25% to sister, the 25% to

my brother, can you please help me ?

Thnaks

Beverly


Asked on 7/11/04, 10:47 pm

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

Re: Lost original deed to house

Your County Clerk Office should have a copy of the deed.

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Answered on 7/12/04, 12:32 am
Walter LeVine Walter D. LeVine, Esq.

Re: Lost original deed to house

Not a major problem, as all Deeds are recorded. Once you qualify as Executrix, you can go to the recording office in the county where the house is located and get a copy, or call a local title company and for a small fee they will get you a copy. All you then need to do is prepare a new Deed, as Executrix to the 3 children and record it. The title company can assist you as there are multiple forms required for recording. Or, you can ask the estate's attorney to assist you. Good luck.

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Answered on 7/12/04, 8:55 am
Arnold Nager Arnold H. Nager, Esquire

Re: Lost original deed to house

You should probably probate the will to avoid a possible claim later on from your stepsister.

However, if all the heirs consent, a new deed can be prepared listing the three children as sole heirs of your father, as grantors and as grantees.

That deed can be recorded and serve to pass title.

In any event, you don't need the original deed at all, provided it was recorded at the County Clerk or Register of Deeds.

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Answered on 7/12/04, 8:47 pm


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