Queens, NY asked in Estate Planning for New York

Q: A deed was not recorded transferring ownership to a trust until 6 weeks after death is it valid in NY

The paperwork had been signed several weeks prior. There was a delay at the town . Official transfer to the trust was 6 weeks after his death. Is it a valid asset to the trust? Or rather could it be part of his estate at the time of death. Currently it’s listed as an asset of the trust on schedule A, but technically wasn’t recorded until after his death.

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1 Lawyer Answer

A: Although the recording of the deed provides a public record of the transfer of the property to the trustee of the trust, it does not necessarily have to happen immediately or even before the grantor dies. It has more to do with the delivery of the deed to the trustee. Although it could be a factual issue whether the decedent delivered the deed to the trustee of the trust before death (and in many cases, the decedent is both the grantor and the trustee, usually with revocable trusts), the recording of the deed is not necessary to effectuate the transfer. Also, the schedule listing the property provides evidence of the grantor's intent.

Anthony M. Avery agrees with this answer

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