How to transfer title to a house in a deceased person’s name?

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How to transfer title to a house in a deceased person’s name?

Our parents deeded house to us with a life estate. My sister predeceased my parents and her name is still on the deed. Will my sister’s name on the deed cause any problems when we sell the house?

Asked on April 3, 2012 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  If the deed is in your name and your deceased sister and she predeceased your aretnet their life estate remains in tact.  The question becomes what happens to her interest as a remainderman.  Generally speaking her interest passes through her estate, meaning that her estate has to be probated and her heirs at law will inherit absent a Last Will and testatment, unless the deed reads "with rights of survivorship."  Get help.  Good luck. 


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