Home Selling in 92549>Question Details

Soulpretty, Home Owner in 92549

My mother and her mother (my grandmother) paid the mortgage on a home that was purchased by my grandmother and another daughter, (my aunt...she never

Asked by Soulpretty, 92549 Sat Mar 19, 2011

lived there...she just co-signed...none of her money was involved...she is on the deed). My mother, grandmother and aunt are now deceased. How do we, my mother's children, get legal ownership of our mothers home? It is the home we grew-up in. My brother still lives there. There is no one contesting this transfer of property. We just need to know how to go about transferring the deed now that all original owners are deceased.

We live in New York City. Thank you for your help.

Help the community by answering this question:


You really do need to speak to an attorney

The general way this works is this: First, you need to figure out how the property was titled. When each heir died -- G-ma and Aunt -- who then inherited their share? Did they have a joint tenancy, where the survivor inherited, or did they have something like a tenancy in common, where each person willed their own share to their heirs?

In the JT, the final survivor is the owner -- let's say G-ma died first and Aunt survived. Then when Aunt died her heirs become owner of the property (through probate of the estate). Probating the estate would establish the current owner, and then the current owner could sell to you.

In the TIC, each person's heirs -- G-ma's heirs and Aunt's heirs -- would each own a share, and then probating THOSE two estates would establish the owners of the decedent's share. THOSE people would be the owners now, and could negotiate the sale of the home to you.

If you have been named in the will as the heir, then probate will establish your ownership.

New York, and NYC in particular, have some quirks in property law that are not general to the rest of the USA, so you should absolutely consult an attorney.
1 vote Thank Flag Link Sat Mar 19, 2011
In order to best protect yourself consult with an attorney for all related paperwork....
1 vote Thank Flag Link Sat Mar 19, 2011
This could be as simple as going through Title to get it all cleared up. Please check with a Title company and an attorney to review everything to make sure your interests are protected.
0 votes Thank Flag Link Mon Jul 9, 2012
I suggest contacting a Title Company: American Title; Chicago Title; Stewart Title.

Happy funding, Rudi
Web Reference: http://www.umboc.com
0 votes Thank Flag Link Sat Mar 19, 2011
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer