Niagara Falls, NY asked in Real Estate Law for New York

Q: Do I need lawyer assistance in completing a "Tenancy deed with right of survivorship" to add my wife to the deed?

I own the home and want to add my wife to the deed. Do we need the assistance of a lawyer to have a "joint tenancy of survivorship" done legally? We are completing the forms and I know it needs to be notarized but does it need lawyer approval?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You do not have to have a lawyer, but as there is no such thing as a "tenancy deed with right of survivorship" and you are confusing the type of deed with the nature of the tenancy in the deed, it sounds like a lawyer, for a few hundred bucks, would be a good idea.

Elaine Shay
Elaine Shay
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: I second my colleagues comments and would add that in addition to the deed there are additional tax documents that generally need to be completed before a deed is accepted for filing. Since issues with a questionable deed can cause problems down the road for title insurance reasons, it is probably best to have a local lawyer help you.

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