Legal Question in Real Estate Law in New York
Here's the story:
My friend Mary's mom died a few years ago. Mary has a brother, Jim. All of the deceased Mom's assets were split equally between Jim and Mary EXCEPT for the apartment the mom lived in, which was left to Jim. Jim has been living in the apartment and has no plans to sell. However, he wants to legally give half of the apartment to Mary. Jim, Mary and the apartment are in Brooklyn, NY. How would this be done? What kind of lawyer should they get in touch with?
2 Answers from Attorneys
Assuming that father also died...
Executor signs and files a deed from the estate to Jim. Jim then signs a deed from "Jim" to "Jim and Mary."
Assuming that the will was not probated, you would need an attorney to probate the will and an attorney to file the deed and prepare transfer docs through the "ACRIS" system. My office can do both. Feel free to telephone.
Mike.
If the apartment is a co-op there is no deed to draft and file..
The transfer goes through the co-op board/stock certificates.
Was the Mom AND Jim's name on the deed or stock certificates before the Mom passed?
That would make things simpler.
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