I have seen this handled both ways. Your solution actually may be the more common way to do it. Having said that, I do not see it being a problem to do it the other way. I wonder about possible transfer tax issues. But the attorney is in possession of all the facts that we are not. Given the UPL issue, you are going to need to have someone else handle this. In a sense, that will give you all a second opinion on the matter. When in doubt, you can always seek direction from the judge, as well. A court order is safe for everyone.
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Thre are numerous reasons why this may be necessary, including:
1-havbing a proper trail of title to show any future purchasers that you have no claim remaining under the will
2- taxation basis in the property, which gets the stepped up basis when inherited as opposed to the decedent's cost basis
I wouldn't worry about the Attorney's advice- It will cost very little and I can't second guess the opinion of one licensed in your state ( I am not), and also one who is more familiar with the facts. Best regards,
Bob Brenna Jr.
Brenna Brenna and Boyce pllc
Rochester, New York 14614
Bob, Robert L. Brenna, Jr. No relationship is intended, agreed upon or accepted by answering this general question Brenna Brenna and Boyce PLLC Rochester, New York email@example.com