Real Estate & Estate Law in New York

Real Estate in Estate Planning

How you own real estate significantly impacts how it passes at death. Joint tenancy with right of survivorship passes automatically to the surviving owner. Property owned solely in your name goes through probate. Property held in a trust avoids probate entirely.

• Transfer real estate into a living trust to avoid probate
• Enhanced Life Estate Deed (Lady Bird Deed) — transfer at death while retaining control
• Joint tenancy vs. tenancy in common — understanding the difference
• Deed changes after marriage, divorce, or death of co-owner
• Protecting the family home from Medicaid

Estate Real Estate Sales

Selling real estate that is part of an estate requires court authorization in many cases. Whether the property is going through probate or held in a trust, we guide executors, administrators, and trustees through the legal requirements for selling estate property.

Partition Actions

When multiple heirs inherit real estate together and cannot agree on what to do with it, a partition action may be necessary. New York courts can order the property sold and proceeds divided, or physically partition the property if feasible. We represent both plaintiffs and defendants in partition proceedings.

Deed Transfers and Title Issues

After a death, property often needs to be transferred to heirs or beneficiaries. This may involve filing an Affidavit of Heirship, a Deed of Distribution, or other documents with the county clerk. We handle all aspects of post-death real estate transfers.