Flushing, NY asked in Real Estate Law and Estate Planning for New York

Q: My grandparents died and the house is still under their name, I need to put the house in my mother's name.

I also have to change the electric and water to her name and was told I needed an Affidavit.

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

A: A little more complicated. Assuming the house was held by your grandparents as husband and wife, you need to make an estate for the second to die, and then have your mother be conveyed the house as next of kin. If she has siblings, they need to sign off.

Steven Warren Smollens agrees with this answer

Gary Krim
Gary Krim
Answered
  • White Plains, NY
  • Licensed in New York

A: The answer will depend on whether someone, in addition to your grandparents are on the Deed and if so what type of ownership.

Certain facts must be known before it can determined if the house can be put in your mother's name. Not an exhaustive list of questions: Did your grandparents leave Wills; what do the Wills say about who gets the assets; does your mother have siblings or nieces/nephews from predeceased siblings; is there a mortgage or reverse mortgage on the house; was the house owned by your grandparents alone or jointly with someone.

Generally only a court appointed fiduciary can change ownership on he Deed. The fiduciary is appointed by the court on petition of the person who wants that role. A fiduciary is appropriate whether or not there is a Will. The fiduciary is obligated to follow the terms of the Will or the laws of intestacy.

Without more information about the meters, I cannot say what is needed. Generally action should be taken to preserve the house, which likely would include keeping the electricity at least on until the ownership is settled. The cost for doing that would be chargeable to the estate.

Steven Warren Smollens agrees with this answer

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