New York Real Estate — Deed Transfers, Probate Sales, and Title Issues
Real estate often dominates an estate — and complicates probate. Deeds may be unrecorded, co-op boards may resist estate transfers, life estate remainders may be disputed, and title clouds from decades-old conveyances may surface only at sale. Our attorneys handle the real-estate side of estate matters: deed corrections, executor sales, partition actions, and clearing title for sale or refinance.
Real Estate Topics
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.
Frequently Asked Questions
How do I transfer real estate after someone dies in New York?
The method depends on how the property was owned. Joint tenancy property transfers automatically with a death certificate and affidavit. Solely owned property must go through probate. Trust property transfers according to trust terms. We handle all types of post-death real estate transfers.
Can I avoid probate for my New York home?
Yes. Several strategies can help your home avoid probate: placing it in a living trust, adding a joint tenant, using an Enhanced Life Estate Deed (Lady Bird Deed), or using a Transfer on Death deed (not currently available in New York). We'll recommend the best approach for your situation.
Discuss Your Real Estate Matter
Speak directly with Alan Vaitzman, Esq. about your situation. Free consultation, transparent flat-fee pricing where applicable.
Call (212) 413-4116 Send a message