What to do if my aunt passed away earlier this year and she owned 25% of the house?

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What to do if my aunt passed away earlier this year and she owned 25% of the house?

My uncle, her husband, is still alive. Is there a process involved with the transfer of the house? Or will a death certificate be fine? Is there a estate tax?

Asked on October 16, 2012 under Estate Planning, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order to transfer legal title to the home that your aunt held a 25% interest in one has to ascertain how title to the property was held (most likely not joint tenancy since she had a 25% interest in it), what her Will or trust state and if no Will or trust, then you have to deal with her assets through the intestacy process.

I suggest that a Wills and trust attorney be consulted to deal with the matter you are writing about since your question is too broadly worded to give an answer. Whether or not there is an estate tax depends upon the size of the estate (net amount). The process to transfer title of the 25% of the home if there is no trust is via a probate or intestacy proceeding.


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