We have a death in the family with a father passing away, but there was no will. The wife of 70 years survives her husband. He owned a co-op...

Question

We have a death in the family with a father passing away, but there was no will. The wife of 70 years survives her husband. He owned a co-op with no mrtgage on it. Does this need to go to probate in order to transfer hte co-op to her name? We want to ensure that when SHE passes, there will be no issues. (She is 92 years old). She will be survued by a son (70yrs old) and a daughter (50 years old). What to do to handle this?

Answer

Unless her name is listed as an owner, the estate must go to probate.

Answer

I agree with David, that if she is not named on the current Deed, this needs to go to probate to assure clear title down the road. As part of probate completion, mother can add children's names to new Deed, or place property in a trust with children as future owners. Since property is a co-op, this could complicate matters as co-op approval to changes in ownership might need Board approval. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.