Real Estate

Inheriting a House with Medicaid Lien

By Burner Law Group, P.C. / June 11, 2021 / 0 Comments

A Medicaid lien on a home must eventually be satisfied. Typically, a Medicaid lien is placed on real property when an individual is receiving benefits through the Medicaid program during his or her lifetime and still owns a primary residence. Even when the home is exempt, it can become subject to a lien when the Medicaid […]

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Steps in a Real Estate Closing

By Burner Law Group, P.C. / May 30, 2021 / 0 Comments

The closing is the final step in a real estate sale where the buyer obtains title to the property. The time between an offer’s acceptance and the closing date—evidenced by a deed from the seller or stock certificate for a cooperative apartment –is filled with activity. In New York, most buyers and sellers hire an […]

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Don’t Just Deed it All Away

By Burner Law Group, P.C. / April 28, 2021 / 0 Comments

In general, when a person dies in New York, that person’s Last Will & Testament must be probated in Surrogate’s Court so that an Executor can be appointed to legally distribute assets. If there is no Will, an administration proceeding will be required and an administrator will be appointed to distribute the decedent’s assets according […]

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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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Should I Be Putting Property in My Children’s Names?

By Burner Law Group, P.C. / January 18, 2021 / 0 Comments

Elder Law attorneys hear this question constantly. Typically, once people reach a certain age there is pressure to transfer assets to their children for unspecified “asset protection” reasons. Some people feel that if they do not do this, the “State” will take their money either in taxes or for the costs of long term care. […]

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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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