Legal Question in Real Estate Law in New York
Incorrect deed filed
1. We bought our house from my inlaws 12 years ago; a deed was filed in my husband's and my name at that time.
2. Three years ago, mother in law turned all her remaining deeded property over to her and my husband's name, due to my father in law's illness; mother in law inadvertently gave the attorney the old deed to my house.. .he filed a new deed in mother in law and my husband's name, meaning that my name is no longer on the deed that is filed and we cannot get a clear title with my name on it.
3. We questioned the lawyer on this,his reply was, ''The new deed is void; don't worry about it''. If we want a new deed filed to supercede the incorrect one, our lawyer will charge $300.00.
I never signed off on the deed to my house; that new deed in husband/mother-in-law's name should never have been filed. In the event my husband dies or something, will I have a legal hassle in proving ownership of my house?
Thank you..
2 Answers from Attorneys
Re: Incorrect deed filed
You should file a new deed. If your husband were to die, you would encounter difficulty.
Do not rely on the lawyer's assurances that "The new deed is void."
You should do this as soon as possible, especially if anyone involved is in failing health. With something as major as a home, it is always better to be safe and sure, than sorry.
Re: Incorrect deed filed
I could have sworn I answered this question
before but
The second deed from the mother-in-law is
a nullity because she transferred nothing
She had nothing to transfer because she
already had given the property away
The existence of the second deed merely causes
confusion
A cancellation deed is possible but
$ 300.00 seems an excessive fee, especially
since I still routinely do these and intra
family deeds for $ 35.00 plus recording
fees which range between $ 49 and $ 55
so long as no money is changing hands.
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