My aunt left me a condo in NYC. I haven't done any probate. I need to transfer title from her name into mine.
5 attorney answers
I assume that your aunt left you the condo via her Last Will and Testament. If that it the case, do you know who the Executor of your aunt's estate is? The Executor is a person who would ensure that the condo ends up in your name (with your input and help, of course). The identity of the Executor would be listed in your aunt's Will. If this is your situation, then you should not, theoretically, need an independent attorney to help you with the transfer of the condo into your name. The attorney who is handling the probate and representing the executor should be able to take care of the transfer, and the costs of the transfer will likely be attributed to the expenses of your aunt's Estate (unless your aunt's Will states otherwise).
If your situation is different from what I described above, or if you have received a copy of your aunt's Will and would like some help deciphering it, then you may want to contact an estate planning and/or probate attorney.
Please note that the above response is for general information only, may not apply to your specific situation, and does not constitute legal advice. No attorney-client relationship exists without the execution of a written engagement agreement.
The will needs to be probated before you can make the transfer. You should contact an attorney to help with the probate process.
That is a good idea. When you hire a probate attorney to represent you then he or she will explain your rights and duties as either an executor or administrator. The surrogate's court will issue letters. The letters will give whoever the executor or administrator is substantial power. The power is tied to fiduciary duties. These terms all come with responsibilities to make sure your aunt's wishes are carried out after her lawful debts are paid. The procedures are very specific for the purpose of protecting all interested parties.
It seems like it should be simple and straight forward. It should. However if the procedures are not followed the court becomes annoyed and the process can grind to a hault. The court does not force anyone to hire a lawyer but it's not unusual for the process to grind to a hault when the steps are not followed the way the court requires. Call around and speak to several lawyers and hire one you feel comfortable with.
You should find an attorney who handles both real estate and estate matters. If there was a will - it will be through probate in a surrogates court of your county; if not it would be intestate in the same court. I recommend you a consult an attorney for this purpose in your area or where you aunt passed away. My deepest condolences on your loss.
You should consult with a probate attorney. If you are the nominated executor, you can file the case in the appropriate Surrogate’s Court and obtain the necessary powers to handle the real estate and other estate matters.
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