If my mom passed and left me her NYC apartment, how can I put it in my name?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my mom passed and left me her NYC apartment, how can I put it in my name?

My mom passed 4 years ago and left me the apartment that she bought on her own 7 years earlier. She had it mortgaged as “right of survivivorship” with her brother instead of me because I was going through nasty divorce at that time and she wanted to keep my ex from getting the apartment. My uncle (who lives in there) is honest and knows the apartment is solely mine and will do anything to put it in my name. I have been paying all the mortgage payments since my mom’s death. I was an only child and her Will gave everything to me.

Asked on March 25, 2012 under Real Estate Law, New York

Answers:

Sharon Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

I am a NY lawyer.  Your answer depends upon many factors.  First, is the apartment a co-op, condo, or the like.  Second, is your uncle willing to cooperate with you.  I know that he told you orally that he is, but keep in mind that it is legally his and he is living there.  If he is willing to cooperate with you, all the better.  Third, if he gives it to you, does he he gift it to you?  What are the tax implications to him and you?  What is the cost basis you will get the gift at?  You should sit down and consult with a lawyer. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption