Legal Question in Wills and Trusts in New York
tranfer of land
Dad left me some land in Franklinton Nortth Carolina. In dad
will he made me, his biological daughter executor of his estate. I think the land is a lot in n.c. mom was to build a
house, but she passed on now dad passed on. How can I change
the deed to my name. I live in Brooklyn New York. What should I do with this deed now to the land. I want it changed to my name, I also have power of attorney, for financial purposes.
Thank you joeann
3 Answers from Attorneys
Re: tranfer of land
It's not a complex operation. Enter the will in probate here in NY. The court can issue an order that the deed be placed in your name. Then, submit a new deed to NC with you as the new owner.
There is more to it than that, but these are the steps.
You are welcome to a consultation for no fee at my offices at 42 west 44th St. Please call for an appointment first, (646) 591-5786
Re: tranfer of land
Since the land is in NC you will need an ancillary administration there. I suggest you retain a lawyer. Once appointed you can execute a new deed.
Re: tranfer of land
The Will should be probated where your dad died. Your appointment as Executor will allow you to make a new Deed transferring the property to you. If he died in NY, you may need to file ancillary probate proceedings in NC to have your appointment as Executor recognized there, for the Deed to be valid. I had a similar situation recently and these were the requirements. I also suggest contacting a NC title company to assist you. They can handle the recording of the Deed and also assist in advising what will be required as to NC probate.
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