South Ozone Park, NY asked in Real Estate Law for New York

Q: I would like to know if I need to amend the current deed to my home?

Currently there are 3 persons listed on the deed in which I am one. The other 2 persons listed, my mother and my aunt are now both deceased.

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2 Lawyer Answers
Elaine Shay
Elaine Shay
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: When one of several people named as owners of a property on a deed dies, how the property was owned determines what happens to their interest in the property. For example, if the deed indicates that the people on the deed own the property as "joint tenants with right of survivorship" the deceased owner's interest in the property passes at death to the other owners. However, if the people on the deed own the property as "tenants in common", the deceased owner's interest does not pass to the other owners but to the deceased owners heirs.

In order to determine the current ownership interests in the property, it would be useful to consult with an attorney who can review the deed and the relationship of the parties.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: It depends on the way the deed was drafted.

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