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My mother passed away and the house is still in her name.

Rochester, NY |

I have one brother and two sisters. My sisters and myself are willing to give the property to my brother. How do we go about doing this?

Attorney Answers 6

Posted

You're unfortunately leaving out part of the equation. Did your mother die with a will in place or intestate? It sounds like you might be making assumptions about what rights you and your siblings have to the property. How and to whom the property passes will greatly affect the answer. Please provide some additional detail.

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Posted

my mother and my sister actually owned the property together. My brother paid cash to my sister for her share and myself and my other sister want him to have it. can't i just provide a death certificate and notarized statements from all siblings and put the property in my brother's name?

Mark Michael Campanella

Mark Michael Campanella

Posted

The answer still unfortunately depends. If she died intestate and your sister had survivorship rights to the property (meaning they owned it jointly), she's the only one with an interest in the property. She can transfer it outright via a quit claim deed without any involvement from the remaining siblings. If there is a will and your mother left her share to all of the children, the answer is not so simple. You need to consult with local counsel to determine everyone's rights as I unfortunately still don't have a clear picture of your and your siblings' interests based on what you've told me.

Posted

You may have to probate the Estate.

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.

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Posted

If she died without a will (or "Intestate") and your mother was not married at the time of her death, you four children can execute a deed basically saying: "you, brother, sister and sister, as the sole surviving heirs of the Estate of Mom" convey the property to "brother" - and you can do this without the considerable time and expense of Administering your mother's estate or seeking judicial approval.
That said, you and your siblings seem to be acting very generously. You are giving up what may be a valuable asset, for no consideration. If you are all convinced that you wish to do this, you should speak to a Real Estate attorney. This can be done relatively easily and inexpensively.

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Posted

did she have a will or not? Consult a local probate attorney

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Posted

You should have your mother's estate probated (if she left a will) or administered (if she didn't leave a will). Then the sisters could give the property to the brother if that is their desire.

Although it is possible to do this without getting the courts involved by just having the sisters execute a deed in favor of the brother (as the sole heirs or devisees of the mother) the title that your brother would get would always be questioned. It is better to have the court give it's approval, thereby ensuring that your brother's title would be clear and insurable. It is important when he wants to sell or refinance the property.

Note: This response is for general informational purposes only. No attorney-client relationship is created. No responsiblity shall be taken by the submitting attorney for any individuals acting pursuant to any information contained herein.

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Posted

First, establish if your mother had a will, and then the best route would be to file an action in Surrogate Court to probate (there is a will) or administer (no will) your mother's estate.

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