Legal Question in Wills and Trusts in New York

adding children's names to deed

We want to make sure that our children get the house if something happens to us. How do we go about getting their names on the deed?


Asked on 2/09/09, 3:30 pm

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: adding children's names to deed

A new deed has to be prepared and I strongly recommend that you engage a lawyer for this project.

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Answered on 2/09/09, 4:02 pm
Michael Markowitz Michael A. Markowitz, PC

Re: adding children's names to deed

NY Real Property Law section 10 indicates that a child may hold real estate. However, RPL section 11 states, "A person other than a minor, a mentally retarded person, or person of unsound mind, seized of or entitled to an estate or interest in real property, may transfer such estate or interest."

Therefore, you may transfer the property to the kids, but the kids would never be able to mortgage, sell, transfer or effectively use the property.

You may want to think about creating a trust.

Mike.

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Answered on 2/09/09, 4:37 pm


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