Transfer a deed from a deceased relative

[tranquility]

It sound like there needs to be two suits. One for grandfather's heirs to quiet title and then to open probate. (Probably open probate first for standing to then sue to quiet title.)

 

[Rockydm92]

Does the deed literally read "&1"?

Yes my grandfathers name and the & 1

 

[Rockydm92]

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

The house was in probate in the 70's when in transferred from my great grandfather to my grandfather and at that time my brother and sister were both alive, but obviously just children

 

[Rockydm92]

It sound like there needs to be two suits. One for grandfather's heirs to quiet title and then to open probate. (Probably open probate first for standing to then sue to quiet title.)

I'm sorry for all the questions but what is quiet the title?

Also how does probate work exactly? They run it through all the deceased family members estates? So let's say my grandmother had a lot of debt. How does that debt attach to the house? Thanks agin

 

[Zigner]

I'm sorry for all the questions but what is quiet the title?

Also how does probate work exactly? They run it through all the deceased family members estates? So let's say my grandmother had a lot of debt. How does that debt attach to the house? Thanks agin

Debt doesn't "attach" to the house, it is part of the estate. Assets of the estate need to be sold to pay any valid outstanding debts.

If you expect to do this, you really need to read up on the probate code for New York. You may wish to seek the assistance of an attorney.

 

[Zigner]

The house was in probate in the 70's when in transferred from my great grandfather to my grandfather and at that time my brother and sister were both alive, but obviously just children

You don't even know what "&1" means on the title. You need local, professional help.

 

[justalayman]

You don't even know what "&1" means on the title. You need local, professional help.

Do you? I hope so. That one has me baffled.

 

[justalayman]

The house was in probate in the 70's when in transferred from my great grandfather to my grandfather and at that time my brother and sister were both alive, but obviously just children

So you have the actual deed, or at least a true copy of it?

If so, could you post the first section of the deed but do remove any actual names and information that would identify the specific parcel of property. I cannot find what the &1 is and curious as to whether the deed itself may provide some help.

 

[tranquility]

I'm sorry for all the questions but what is quiet the title?

Also how does probate work exactly? They run it through all the deceased family members estates? So let's say my grandmother had a lot of debt. How does that debt attach to the house? Thanks agin

A suit to quiet title is one to remove other potential owners from the chain of title other than your grandfather. It is needed to deal with the &1 that may refer to his sister.

The only way to get the title into hands other than grandfather's, probate would have to determine who deserves to inherit the property. There may need to be other probates depending on how the property passes.

 

[Zigner]

Do you? I hope so. That one has me baffled.

No, I have no idea...and I suspect that the OP doesn't either. I've never heard of such a thing (not that I have a great deal of experience), and I think the OP needs to figure out who actually owns the house right now. It's definitely not the OP, nor is it anybody at his level of the family tree.

 

[Rockydm92]

So you have the actual deed, or at least a true copy of it?

If so, could you post the first section of the deed but do remove any actual names and information that would identify the specific parcel of property. I cannot find what the &1 is and curious as to whether the deed itself may provide some help.

I do not, I obtain a public record via county website.
And it said Santo ________ &1

The tax bills on the house are still addressed to my grandfather &1

 

[justalayman]

Well, what is on the county site is a true copy. So if you can provide it, while I can't say it will do any good, it may have some clues.

 

[Rockydm92]

No, I have no idea...and I suspect that the OP doesn't either. I've never heard of such a thing (not that I have a great deal of experience), and I think the OP needs to figure out who actually owns the house right now. It's definitely not the OP, nor is it anybody at his level of the family tree.

Of course I don't! That's why I'm here to ask/see if anyone seen or heard of this before! The house is technically owned by my grandfather, the house was purchased by my great grandfather when is was built in 1900's.

It was transferred to my grandfather &1 in 1976 after my great grandfather/mother passed.

THERE are no other living spouses, children, to my grandfather, grandmother, (great Aunt), Uncle or my father except for us 4.

That's all the information that I have and know!!

 

[Rockydm92]

Well, what is on the county site is a true copy. So if you can provide it, while I can't say it will do any good, it may have some clues.

Ok I will post it as soon as I get home

 

[STEPHAN]

Yes my grandfathers name and the & 1

Oh, sorry, got it. I thought it was a typo.