Real Estate

Should I remove my deceased spouse from the deed to our property?

By Burner Law Group, P.C. / March 29, 2021 / 0 Comments

When a co-owner of real property passes away, what happens next depends on how the co-owners took title to the property. Upon the death of a co-owner, it is necessary to review the last deed of record to make this determination. There are three ways to own property in New York as co-owners: tenants in […]

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Can you be removed from a deed without your consent?

By Burner Law Group, P.C. / March 17, 2021 / 0 Comments

In general, a person cannot be removed from a deed without his or her consent and signature on a deed. Absent legal action with a court order, such as a foreclosure or a partition action, the only way an owner’s interest in real property can be transferred is by a properly executed, acknowledged and recorded […]

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What are the Different Kinds of Deeds?

By Burner Law Group, P.C. / December 14, 2020 / 0 Comments

A deed is a legal document used to convey title to real property. There are different types of deeds that may be used depending upon the circumstances of the transfer. It is always best to consult an experienced real estate attorney who can prepare and advise which type of deed should be used to meet […]

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What is the Role of an Attorney in a Real Estate Closing?

By Burner Law Group, P.C. / October 21, 2020 / 0 Comments

A “closing” in legal lingo is the final step in a real estate transaction. A real estate closing is when the purchaser obtains title to the property, evidenced by a deed from the seller to the purchaser or stock in a cooperative apartment. Simultaneously, the seller obtains the net proceeds from the sale. This event […]

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Basic Steps in a Residential Real Estate Transaction

By Burner Law Group, P.C. / September 30, 2020 / 0 Comments

Selling or purchasing real estate property can be one of the most significant transactions in your life. The information below is a general guide to the basic steps in a residential real estate transaction. Complex issues may arise during a sale, so you should retain an experienced real estate attorney to represent you. As the […]

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Minimalizing Capital Gains with Estate Planning

By Burner Law Group, P.C. / July 24, 2020 / 0 Comments

Real property in the Hamptons has always enjoyed a steady increase in value. But with this increase in value, owners may incur a substantial tax bill from the capital gain in their real property if and when they decide to sell. Federal long-term term capital gains are taxed at the rate of 0%, 15% or […]

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Can I Refinance My Home If it is in an Irrevocable Trust?

By Burner Law Group, P.C. / March 9, 2020 / 0 Comments

Many people use irrevocable trusts as part of their estate plan for tax savings, asset protection and Medicaid planning. In all these types of trusts, the Grantor (creator) of the trust is going to be limited to their access of the principal of the trust in order to ensure that their planning needs are met. […]

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Resale of Property in a Trust

By Burner Law Group, P.C. / February 19, 2020 / 0 Comments

Question: I transferred ownership of my house to a Medicaid Qualifying Trust ten years ago. I just put it on the market for sale, where will the proceeds go after sale? Are they protected? Answer: Many clients choose to place their primary residence into a Medicaid Qualifying Trust. Once the trust is drafted and signed […]

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Transferring Property into a Trust

By Burner Law Group, P.C. / November 30, 2019 / 0 Comments

Question:  My aunt has a home that she purchased in 1980.  It is now worth $300,000.00 and she wants give it to me to protect it from the cost of nursing home care.  Can she just deed it to me?  My lawyer is suggesting a trust.  What is the difference? Answer:  This is a good […]

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Estate Planning for Building Owners

By Burner Law Group, P.C. / November 13, 2019 / 0 Comments

If you are the sole owner of an income producing property, you should consider placing that property in a Revocable Trust. There are several benefits in executing a trust to hold the real property, rather than bequeathing the property in a will, including avoiding the costs of probate and protecting privacy. The need for continuity […]

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