On Demand
Audio
Administering Real Property in a Decedent’s Estate in New York
Produced on July 28, 2020
Course Information
Course Description
The passing of title to real property and cooperative shares in New York by a decedent to a beneficiary requires a careful analysis by the attorney advising executors, administrators, trustees, and beneficiaries. Title to real property, and shares in a cooperative corporation, can pass in a multitude of ways. Depending on how property is titled, the right of a fiduciary to administer real property can range from extremely broad (passing to the residuary estate in a will), to limited (a specific devise in a will of real property that needs to be sold to pay estate debts), to non-existent (property titled as joint tenants with rights of survivorship).
Presented by Daniel J. Reiter, Esq., this program will benefit trusts and estates attorneys and real estate attorneys in New York State.
Learning Objectives:
- Differentiate how New York law treats real estate and shares in a cooperative corporation
- Discuss how property passes outside of probate via life estates, joint tenancy with rights of survivorship, and tenancy by the entirety, and differentiate these titles from tenants in common
- Explore the laws of automatic vesting of real property via a specific devise in a will or intestacy
- Review the powers of the executor or administrator depending on how property is titled
- Analyze the Surrogate’s Court Procedure Act, article 19
- Identify special rules relating to executors’ and administrators’ deeds
- Deal with title companies
- Administer property in a lifetime trust
Credit Information
Faculty
Daniel Reiter
Law Firm of Daniel J. Reiter, Esq.
Daniel J. Reiter is an adult guardianship and estate litigation attorney in New York City. He authors the Adult Guardianship Law Blog.
Mr. Reiter routinely serves as guardian to incapacitated persons, counsel to guardians, counsel to alleged incapacitated persons, counsel to incapacitated persons, and counsel to petitioners in proceedings for the appointment of a guardian.
He is also an experienced estate litigator and Surrogate’s Court practitioner where he handles will contests, turnover proceedings, contested accounting proceedings, creditors’ claims against estates, kinship proceedings, wrongful death compromise proceedings, and a variety of other matters in Surrogate’s Court. He is regularly appointed as a Guardian ad Litem.
During law school, Mr. Reiter interned in Richmond County Surrogate’s Court, where he played a leading role in drafting a judicial decision regarding a guardianship dispute.
Mr. Reiter is an active member of the New York City Bar Association’s Mental Health Law Committee, and belongs to the Orion Resource Group, a knowledge-sharing organization for senior and elder care professionals.
He is also certified by Part 36 of the Rules of the Chief Judge to serve as Attorney for the Guardian, Guardian, Attorney for the Alleged Incapacitated Person, Court Evaluator, Guardian ad Litem, and a Supplemental Needs Trustee.
Prior to his career as an attorney, he worked as a political reporter for Politicker.com, providing political coverage from the floors of the 2008 Republican and Democratic National Conventions. Following his departure, he was lauded as an “omnipresent” reporter by the Baltimore Sun.
Reviews
A well organized overview of this topic.
I thought the presenter was excellent
Very good
Highly effective presentation, kept my interest throughout.
very informative
Excellent, highly informative course.
Excellent Job.
god stuff
Appreciate the real life cases used in the presentation. It really makes the concepts much more understandable.
good
Well done