Legal Question in Wills and Trusts in New York

My dad passed away with out a will. He owned two co-op apartments that haven't been paid off. We want the apartments to be transfered to our mother's name. How do we go about it. My mother doesn't work.


Asked on 10/20/09, 11:19 pm

3 Answers from Attorneys

Anthony Park Anthony S. Park, PLLC

First, check to see if your mother's name is on the co-op shares. If so, just follow the co-op procedures for changing to shares to your mother's name, only. If not, you must petition the Surrogate's Court for Letters of Administration, which would give your mother legal authority to change the co-op shares. Feel free to contact my office at 212-401-2990 for a brief complimentary consultation.

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Answered on 10/25/09, 11:53 pm
Michael Markowitz Michael A. Markowitz, PC

I agree with Anthony. However, if your mother's name is on the shares as "his wife", you would need to do nothing since the shares automatically go to the mother.

Mike.

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Answered on 10/26/09, 9:27 am
Walter LeVine Walter D. LeVine, Esq.

I agree with the other authors, but add that in administration some assets will go to the children and they may have to work with Mom to assist her in getting the apartments..

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Answered on 10/26/09, 1:15 pm


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