If my husband passed away 10 years ago without a Will and our home was in both of our names, what must I do to change the property into my name and then into my daughter’s?

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If my husband passed away 10 years ago without a Will and our home was in both of our names, what must I do to change the property into my name and then into my daughter’s?

I would like to pass the home to our daughter.

Asked on May 14, 2015 under Estate Planning, New York

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  You are doing a little estate planning and that is a great thing. The first thing is that the property passed to you by operation of law automatically upon the death of your hiusband.  If you wosh to put the house in your and your daughter's name then you will have to have a deed that transfers the proeprty to you and her with "rights of survivorship."  Please go and speak with a lawyer near you about the process.  Good luck.


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