Legal Question in Wills and Trusts in New York

My wife passed ten years ago (2000)-no will-I have two children-now over 18-I have paid the mortgage as always and perhaps am able to obtain funds to transfer the house to my name. My son (s) have no problem with this. How difficult and about how much cost is involved to do so.


Asked on 10/09/10, 12:21 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Depending on how the title reads, an estate proceeding may be required. The cost plus court fees will vary depending on the work required.

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Answered on 10/14/10, 12:30 pm
Walter LeVine Walter D. LeVine, Esq.

Leaving aside questions of why you waited so long, and presuming there are no death trax issues, this is realtively simple. A Deed from and signed by all of you to you, with reference to your wife's death and that you are the only heirs (presuming there are no others), should do it. Since you wife died without a Will, and presuming the house was worth more than $50,000 when she passed away, it is necessary that your sons sign the new Deed, to show they have given up any rights they might have. Finally, there may be gift tax ramifications, which depends upon value of the house, and this should be discussed with a tax attorney or CPA familiar with gifts.

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Answered on 10/14/10, 12:33 pm
Arnold Nager Arnold H. Nager, Esquire

I agree with Walter.

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Answered on 10/14/10, 12:48 pm


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