If my mother-in-law passed away and did not leave a Will but her children decided that my wife could have the house, what do we need to do to get it into her name?

Asked on February 9, 2016 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the estate has not yet been distributed, then assuming that your wife is one of the children who stand to inherit the house, if the other children (her siblings) "disclaim" or refuse the inheritance of the house, the house will go entirely to the only heir (your wife) who does not disclaim it.
If it has already been distributed, then the other children need to quit claim it to your wife--i.e. execute quit claim deeds giving up their interests in favor of your wife.
Either way, since the paperwork is critical and can be technical--and if it's wrong, your wife will not end up owning the home--you are advised to retain an attorney and let the lawyer help with this: it will be a worthwhile investment. Before doing that, however, consult with a CPA--you want to understand any tax consequences and be comfortable with them fore acting.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.