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mcy841 · Joined: 17 Sep 2009 Posts: 1 1.00 Dollars($)

Hi,
in 1997 my ex and i were divorced but prior to the divorce we reconciled. Our families were not aware and we continued to live as spouses and share the same last name. We did not however co-mingle any savings, checking etc, since the divorce. In 2005 we purchased a home together in our resident state of New York. we received a "fee simple deed." In 2009 i informed my daughter of the divorce and told her that she and my son would inherit my 50% of the house. She is a paralegal but not familiar with real estate law and i was totally shocked when she informed me that my deed would not allow her to inherit my 50%. I apprised my ex of the situation and he said at this point he is not sure he wants to change the deed. I want my children to inherit my 50% when I am deceased without problems or probate. My ex and I still live together, but can I have the deed changed without his consent so that my 2 children inherit my half. thank you

jameshogg · Posted: Thu Sep 17, 2009 8:13 pm Post subject:

Hi mcy,

In my opinion, you should contact an attorney and discuss the issue with him. He will let you know what steps you need to take in order to transfer the property to your children. However, I feel that you can draft a will in which you can declare your children as the heirs to your property. But they will have to probate the property after your death.

Thanks

Posted: Fri Sep 18, 2009 4:47 am Post subject:

thank you so much for your time and quick response. i will visited with an attorney.

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