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I need to do a deed transfer from my mothers estate to 3 sons, of which I am one. I am also the executor.

Garden City, NY |

The two likely choices on this form TP-584 are condition of conveyance, a - conveyance of fee interest, b - aquisition of controlling interest %, c - transfer of controlling interest %. Also, am I the grantee as executor, or is it all 3 brothers. There doesn't seem to be a choice for multiple people other than parttnershiips. Lastly, how much will this cost to have an attorney take care of it.

Attorney Answers 5


  1. Talk to a few local real estate lawyers.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. Speak with either your estate lawyer or a local real estate lawyer.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  3. You should probably get some help from a trusts and estates attorney who will help you with this conveyance as part of the administration of the estate. Typically the deed would be a warranty deed from you as the grantee "Executor under the Last Will and Testament of [Mom's name here]") to all three of your brothers as either tenants in common (they can pass down their 1/3 interests to their heirs) or joint tenants with rights of survivorship (last brother alive inherits all of the property).

    I believe the way it works is the top part of the form is that the grantor is "an estate or trust" and you should use the Federal EIN number assigned to the "Estate of [Mom's Name here]". The box which should be checked below is "a. conveyance of fee interest", and I do not believe that real estate transfer tax is charged, because under NY tax law, "Notwithstanding the foregoing, conveyance of real property shall not include a conveyance pursuant to devise, bequest or inheritance[.]" N.Y. Tax Law § 1401(e).

    NOW, that being said, I am not an estate lawyer or tax lawyer. You should get some help with this conveyance and your tax liability duties from an attorney or accountant familiar with federal and NYS estate tax issues. These are only the answers that I THINK are the right answers and you would be foolish not to have them vetted. I am also familiar with the companion form the RP-5217 that must also be filed if the deed is to be recorded, and there is definitely a box to check for inter-family conveyances that happen without consideration. The house will probably be reappraised though, since there was a "step up" in basis (invested value) at the date of death of Mom, which may affect its current market value, especially if she had it for a long time.

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  4. You would use an executors deed. I assume you have probated your mothers will and that letters testamentary have been issued by the surrogates court. You would also need to a tp 584 and. RP 5217 forms to be completed and signed. It would be best for you to consult with a local attorney as the cost to complete and have the deed and forms filed is minimal. I am in Garden City call me for a free consultation.

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  5. You need an attorney. I agree with what some of the others have said - which were reasons enough to retain counsel - but there are more issues involved than listed so far. Not knowing whether you all agree to hold onto the house for a while or sell it, you may wish to obtain title insurance. Owner/Title/Judgment/Municipal searches all need to be done to make sure there are other problems that will haunt you later. Reading and clearing anything that a proper title search would reveal will go well beyond the scope of what a layperson can or should try to figure out - especially with the type of liability you will expose yourself to later if problems were missed.

    My answer is for general purposes only and is not not intended to establish an attorney-client relationship, nor is it advice upon which you should act or rely. But, if you really want me to tell you something upon which you can actually rely: don't eat yellow snow.

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