Legal Question in Wills and Trusts in New York

NY couple owns property. He dies.Title not changed to show wife only. Wife dies. Neither will probated. Next step b4 sale?

Goal is to file a form for first title change to wife only, without probating husbands will (estate below $550 with house worth $300 at the time and all non-probate assets in joint name) then probate wife's will, sell property. But not sure if city register will accept the title transfer request from wife's executor (non-attorney) or will only accept that from husbands executor, thus forcing probate of his will despite joint ownership and size.


Asked on 6/09/16, 11:13 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

To my knowledge to only file a Deed from H to W will still either require a Will probate or Administration of H's estate as someone needs to be appointed to have authority to sign the Deed from his estate to W. However, if you have both Death Certificates and if original Deed to H/W was as tenants by the entirety or joint tenants WROS, a title company may accept and insure a Deed from W's estate only showing a history of title ownership and that H predeceased W, making W the true and only owner of the property at the time of sale. Worth looking into.

Read more
Answered on 6/09/16, 11:22 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York