QUESTION

Real Property Inheritance

Asked on Sep 12th, 2017 on Trusts and Estates - New York
More details to this question:
My brother and I inherited our uncle's real property and we want to change the name on the deed/title to our names. Do we have to go through probate or can we just file an executor's deed with the county he lived in? Thanks.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
You cannot just file an executor's deed.  An executor is an appointed position by the court.  If you are the sole next of kin, you can do a deed to yourselves, but that is not the best approach as when you sell or refinance, the title company for the buyer will have issues with this manner of conveyance, even if legally correct.  It is a simple administration.  Just do it.
Answered on Sep 13th, 2017 at 5:50 AM

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