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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2719
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My family has lived in this New york house years. The

Customer Question

My family has lived in this New york house for 25 years. The owner of house passed away 2 years ago 1 month prior to death owner did a quit claim deed with her daughter and other witnesses present. quit clam was lost. Owners daughter was given power of Attorney and power to sell any property. A new quit claim was done for the New York house which was accompanied by all the proper tax forms necessary to complete this transaction. This included certificate of death, power of attorney and last will and statement naming daughter as the executor. When trying to file paperwork with the clerks office in Elmira, New york we were told we need an attorney.The will giving daughter power is not valid because the owner is dead. The will which specifically gives daughter power as executor of estate and power of attorney are all completely legal. Everything that is required has been provided. Look the mother has passed, the daughter was given power and the quit claim was done... what is the problem?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Damien Bosco replied 2 years ago.
Hello there. New York attorney here. When attempting to transfer separate assets after death, either the executor has to petition the court to probate the will and received letters to distribute the assets; or if there is not a will, someone has to petition the court to be an administrator. Did the daughter do so?
Customer: replied 2 years ago.
No she did not and she really has no desire to do all this work. She can't understand, her mother signed a quit claim deed prior to death but it was lost then found two years later. But because the description of property was not correct it was redone. Lori (daughter)has will from attorney stating she can sell the property in new york. Does the quit claim signed prior to death have any legal teeth?
Expert:  Damien Bosco replied 2 years ago.
Hello there again:
If the deed was signed prior to death and was done properly, then it would be legally viable generally. It seems though in your case, the clerk is stating that the deed is improper because of the description. If it was possible to change the description without re-executing the deed, then the transfer should take place. If the clerk is saying that it cannot be changed without a new deed, then an executor's deed would be necessary at this point unfortunately. One could argue that the description is ministerial and should not require a new deed. However, if the clerk is not accepting it, a legal proceeding would have to entail in any event.