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

Q: My mother grantee(s) purchased a house, and the grantor(s) provided a Warranty Deed.

The statement: hereby grant and release unto the Grantee(s), their heirs and assigns forever: (then it describes the land) along with

To have and to hold the above granted premises unto the Grantee(s)

Grantee(s) Shall quietly enjoy the said premises and the Grantor(s) will forever WARRANT the title to said premises.

QUESTION IS: It states granted to heir(s), does that mean that I also own the property? That the property is also deeded & titled to me through the Warranty Deed? It does not have to go through probate and how do I go about name change, transferring and recording. Do I still have to create a new deed and if so, what kind based off the Warranty deed my mother already has. I know I have to provide certified copy of death certificate, possibly an affidavit and family tree. Please advise and thank you for your time and assistance.

1 Lawyer Answer
Carl Nelson
Carl Nelson

A: That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed to, say, a life estate where the property is the grantee's only for their lifetime and then reverts to someone else.

Upon her death you would need to either seek letters administration if there is no will or to have the will probated and if there is a will. You should seek the counsel of an estates attorney for this process.

Peter J. Weinman agrees with this answer

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