Legal Question in Wills and Trusts in New York

I owned a home with my dad. He passed away leaving my mom and sister. They both signed off the house 3 years ago to me.I have a recorded deed. Mom just died and she wants my house listed in the estate that is going through probate for there was no will. Can they admit my home to probate in my mothers estate even though they signed off?


Asked on 7/26/13, 3:40 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

What does "signed off" mean? Who has title in the deed? If you have sole title, it is not part of your mother's estate.

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Answered on 7/26/13, 5:55 pm
Daniel Scott Daniel U. Scott, Esq.

No. Once your mother signed the deed of the house over to you then you became the legal owner of the property. The house is not part of your mother's estate because she didn't own it at the time of her passing.

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Answered on 7/26/13, 5:56 pm


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