Legal Question in Wills and Trusts in New York
Property transfer problem
I would like to know what's involed to resolve this problem. The house is Titled in both parents' names. Mother dies willing the house to father who never changed the title. Father wants to deed the house to me but does there have to be something special done because my deceased mother is listed on the deed? Is this something that should be probated?
1 Answer from Attorneys
Re: Property transfer problem
First, don't worry. This happens more often than you think and is not complicated to fix.
The house was in joint name with your Mother and Father. Therefore, when your Mother died the house, by law, transferred to your Father. A will does not need to be probated.
The only thing that must be prepared is a deed from your father to you. The deed is filed at the County Clerk's Office with the death certificate.
Mike.
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