Legal Question in Wills and Trusts in New York

Deed transfer

If a property was in my mother's name and she has passed away, and the will is not probated and I am the only heir, can I do a no consideration deed transfer to my name? There is no trust/estate that was set up.


Asked on 6/30/08, 5:47 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Deed transfer

No. The will must be probated. However, depending on the amount in the estate - other than real property - you may commence a small estate proceeding.

Mike.

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Answered on 7/01/08, 2:10 pm


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