Need to change name on Deed
my mom died in 1972 and had a small piece of property in Albany county, new york. The deed is in her married name, and my father died this past nov. How do I get the deed into my name. My brother said he didn’t want it, so can I have him fill out a quit claim and submit that with my parents death certificates. Do I need any birth certificates to prove they are my parents??
Re: Need to change name on Deed
I am sorry for your loss.
In New York State, the new deed would be submitted to the County Clerk’s office. The good news is that it is relatively easy to create and file a new deed.
How the deed gets transferred depends upon certain facts: Was the original deed just in your mother’s name? Or was the original deed in both of your parents’ names? Did either parent die with a Will? If not, was an administrator appointed by surrogates court? Did your brother already renounce his interest in the land?
In my opinion, I would speak to an attorney from Albany County who concentrates in both real estate and probate issues.
Good luck,
Sarah Klug, Esq.
Sarah Klug
Law Office of Sarah Scova Klug PLLC
Poughkeepsie
Dutchess County, NY 12601
Re: Need to change name on Deed
You should be able to do this fairly simply. Technically, the house is now part of your father’s estate, and the laws of intestate succession would apply. However, if the only asset is the house, you should be able to have a new deed prepared.
Go to the Surrogate’s Court and speak to one of the clerks. They should have the necessary forms.
You still should speak to a lawyer, as if you make a mistake, it could tie up title to the house.
J. Douglas Barics
J. Douglas Barics
Law Office of J. Douglas Barics
1399 Frankin Avenue – Suite 202
Garden City, NY 11530