DoI have to obtain a new deed to jointly owned propertyif my co-owner has died?

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DoI have to obtain a new deed to jointly owned propertyif my co-owner has died?

The deed to my home is under both mine and my deceased husband’s names. It does not say wife or joint tenancy next to my name. I was advised to pay a minimum of $1500 to change the deed. Is this necessary?

Asked on January 5, 2011 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  What, may I ask, does the deed state beside your names?  Does it say "tenants by the entirety?"  Tenancy by the entirety is a special way to hold property that only husbands and wives in new York can do.  It carries with it rights of survivorship, meaning that it passes automatically to the surviving spouse at the death of one of the spouses.  You do not have to file a new deed if this is what it says.  If you are probating his estate you may want to just to make it easier on transfer later on.  If, however, the deed does not say this and does not state as you say joint tenancy with rights of survivorship then seek legal help as to what to do.  There are possible more facts than you have given here that will have a bearing on how to proceed.  Good luck.


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