New York Probate Lawyer Blog
What Documents Are Required to Transfer New York Real Estate?
The transfer of New York real estate involves the preparation of many documents. These papers include a deed, various transfer tax forms such as a New York City Real Property Transfer Tax Return, and other items which may be required by a title company to transfer clean or clear title. Real estate may be encumbered by a mortgage or have other liens or violations which a seller must satisfy prior to a transfer. I have been representing parties in real estate transactions in New York City and surrounding counties for over 40 years. Such transactions also include cooperative apartments and condominium units.
When Can a Deed Be Challenged Due to Incapacity?
Over the course of many years I have seen several instances where a family member is concerned that real estate or another similar asset was transferred by a relative, such as a parent, at a time when the grantor—transferor lacked capacity. Similar concerns arise where it appears that a transfer was the result of undue influence.
Can a New York Court Void an Improperly Transferred Property?
These issues typically arise in the context of an estate or a Guardianship proceeding. The claim being asserted is that some third-party improperly procured the property from a decedent or incapacitated person. The basic request for relief is that the deed or the transfer be voided. Generally, both the Surrogate’s Courts and the New York Supreme Court have the power to void an improperly transferred property. The New York Probate Lawyer Blog has written many articles regarding estates and the Surrogate’s Court as well as the Supreme Court and Guardianship cases.
What Evidence Can Be Used to Challenge a Deed?
A major difficulty in succeeding in these matters is that the grantor-transferor is either deceased or unable to testify as to their intentions and understanding when the transaction occurred. Thus, the Courts need to rely on other types of evidence such as testimony from the individuals and attorneys who were involved in the transfer and medical records which may indicate the transferor’s cognitive abilities.
Medical records may not be available in situations where the transferor did not receive health care due to being a recluse or the transferor was secluded from third party contacts. However, there are situations where a deed is voided.
Recent Queens County Supreme Court Case: Bartley v. Bartley
A recent Queens County Supreme Court Case entitled Bartley v. Bartley decided by Queens Justice Delsia G. Marshall granted an Order voiding a deed transfer. In Bartley, a proceeding was commenced by a son of Lawrence Bartley, Sr. who claimed that a deed, which was held in the father’s living trust, was transferred by another son into that son’s individual name. The petitioner asked the Court to void the deed due to the father’s lack of capacity and undue influence by the other son.
How Did the Court Determine That the Deed Should Be Voided?
After reviewing the evidence, the Court found that the father’s medical records stated that the father did not have the cognitive ability to take care of his finances or to make health care decisions. Although the attorney who prepared the deed indicated that she was not aware of the medical determinations and that the father appeared to comprehend the transaction, the Court relied on the expert medical diagnoses to void the deed.
Why Does Bartley v. Bartley Matter?
As can be seen from Bartley, dealing with a transfer of property which may affect estate assets or the assets of a living incapacitated person can be very complicated. I have represented individuals in these situations. Do you have questions regarding an estate or Guardianship? Call me now for a free confidential review of your issue. We provide reasonable and flexible fee arrangements and personal representation.
Frequently Asked Questions About Deeds, Incapacity and New York Estate Litigation
Can a New York deed be voided because the grantor lacked capacity?
The claim being asserted is that some third-party improperly procured the property from a decedent or incapacitated person. The basic request for relief is that the deed or the transfer be voided.
What evidence can be used to challenge a property transfer?
The Courts need to rely on other types of evidence such as testimony from the individuals and attorneys who were involved in the transfer and medical records which may indicate the transferor’s cognitive abilities.
Can undue influence be a reason to challenge a deed?
Similar concerns arise where it appears that a transfer was the result of undue influence.
Which New York courts can void an improperly transferred property?
Generally, both the Surrogate’s Courts and the New York Supreme Court have the power to void an improperly transferred property.
What happened in Bartley v. Bartley?
The petitioner asked the Court to void the deed due to the father’s lack of capacity and undue interference by the other son. After reviewing the evidence, the Court found that the father’s medical records stated that the father did not have the cognitive ability to take care of his finances or to make health care decisions. The Court relied on the expert medical diagnoses to void the deed.
Do You Have Questions Regarding an Estate or Guardianship?
Call me now for a free confidential review of your issue. We provide reasonable and flexible fee arrangements and personal representation.
Contact New York Trusts and Estates Attorney Jules Martin Haas
New York Trusts and Estates Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk Counties. Call (212) 355-2575 for an initial free consultation.