Transfer a deed from a deceased relative

[Rockydm92]

What is the name of your state NY

My question involves estate proceedings in the state of: NY

I have a complex situation and hoping to gain some directions.

My house is currently titled to my grandfather but on the actual deed it says his name & 1. He has been deceased for 37 years and my grandmother never switched it while she was alive.

Since then, my grandmother, my grandfathers only sibling (my great Aunt) have deceased.

My father and his only brother are also now deceased.

There are no other living relatives besides myself, my brother and 2 sisters. They have all agreed to give me the house.

1. How hard will it be to get the house solely in my name?

2. My grand mother and father both went into nursing homes, is that something Medicare and nursing homes can get their hands on?

3. My grandmother had quite a bit of debt, can any liens be attached??

Thanks in advance for all the info

 

[OHRoadwarrior]

If there were no wills, you need to start probating each estate according to intestacy laws for NY. I doubt you will end up owning it completely due to far related relatives beyond your brother and sisters, but you might.

 

[justalayman]

Who is the &1?

 

[OHRoadwarrior]

So the estate was never probated to avoid reimbursing the state !!! I suggest you check the recorders office for a lien.

 

[Rockydm92]

If there were no wills, you need to start probating each estate according to intestacy laws for NY. I doubt you will end up owning it completely due to far related relatives beyond your brother and sisters, but you might.

There really isn't anyone else
My grandfather died in 1978
My mother passed 1997
My Uncle 2011 (never married, no children)
My Grandma 2012
My Aunt (never married, no children) 2013
My father 2015

 

[Rockydm92]

Who is the &1?

No idea who the &1 is. What could that mean

 

[STEPHAN]

No idea who the &1 is. What could that mean

If you don't know, how should we know? You wrote this:

My house is currently titled to my grandfather but on the actual deed it says his name & 1.

 

[Rockydm92]

If you don't know, how should we know? You wrote this:

Lol, that's why I'm here, to ask if anyone has seen anything like this and ask what it could mean, don't have to be rude about it. Jeez, if you had nothing good to say don't bother replykng

 

[justalayman]

I've never seen such a thing.

Is that an original deed? What is the date on it?


The simple terminology suggests is involves more than a single person which could add untold complexity to your situation.

 

[OHRoadwarrior]

The plus 1 is an equal owner and has been. Their estate, had they passed would need to be processed also, opening the door for potentially ten plus other people to have an interest in the property besides your family.

 

[justalayman]

The plus 1 is an equal owner and has been. Their estate, had they passed would need to be processed also, opening the door for potentially ten plus other people to have an interest in the property besides your family.

That is what I suspect as well. I have not found anything to support it nor how to determine who the other party is. I suspect it may be an inclusion of the spouse. If so it would probably not change much of anything but if it refers to some other party it could mean a notably difference in the situation.

 

[Zigner]

And, yes, any debts of the estate(s) involved would need to be paid, if possible, using the assets (ie: the house) of the estate(s). You've got a mess on your hands.

 

[Rockydm92]

The plus 1 is an equal owner and has been. Their estate, had they passed would need to be processed also, opening the door for potentially ten plus other people to have an interest in the property besides your family.

With that being said, can we make the argument that the &1 is one of us! Me or my siblings? How would that be settled? Is that another part of probate?

We initially were told the &1 was my grandfathers sister! Who has deceased and has no other children or never married. But we don't know for sure

 

[Zigner]

With that being said, can we make the argument that the &1 is one of us! Me or my siblings? How would that be settled? Is that another part of probate?

We initially were told the &1 was my grandfathers sister! Who has deceased and has no other children or never married. But we don't know for sure

Does the deed literally read "&1"?

 

[justalayman]

Well, it obviously could not refer to a person not alive at the time of the creation of the deed so I suspect that probably removes you or your siblings from contention for being considered to be the & 1