Legal Question in Wills and Trusts in New York
Quitclaim Deed in Estate
My father, a widower, put my name on the deed to his house. My parents owned it with no mortgage or other liens. After my mother died, we used a quitclaim deed to add my name. The recorded deed is in my father's name and my name.We both reside at the house. When the time comes, I would would record a new deed in my name only. Do I own the house or only half the house? The quitclaim does not say jointly, joint tenancy, right of survivorship, etc.,it just has both our names listed. We would like to avoid probate by making the assets owned jointly with full survivorship.Would my father's ''half of the house'' have to be probated? What words or phrases would have to be added to the deed OR is it all right the way it is? Thank you for your help.
3 Answers from Attorneys
Re: Quitclaim Deed in Estate
It is presumed that you and your father own the parcel as tenants in common, that is, without the right of survivorship. Each of you own a one half undivided interest in the parcel.
A new Deed could be prepared to create a joint tenancy with right of survivorship, if that is what you both want.
Re: Quitclaim Deed in Estate
At this point, your father's interest in the house would be probated and pass according to his will or NYS law if no will. You should be able to file a "corrected deed" and include:
From "Dad's name?" to "Dad's name and Son's name?"
as Joint tenants with Right of Survivorship.
Sometimes written as JTWRS.
Re: Quitclaim Deed in Estate
I agree with Norman. Not designating what interest was created is considered as tenants in common, which means an undivided 1/2 interest. If either of you were to pass away, each is considered as owning 1/2 of the house, which could only pass to the survivor by Will. Eiher your father has to name you in a Will, or a corrective Deed needs to be filed. Since both names are on the current Deed, the new Deed would be from both of you, as Grantor, to both of you as Grantee, but you need to specifically state as follows in the Grantee section: "AB and CD, as joint tenants with right of survivorship". Recording the corrective Deed will make the survivor the sole owner and avoid the need for probate.
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