After the parent passes away, what is the best way to change the title on a house to 3 adult children if there is no will ?

Based on the different percentages, one option is to transfer the property, as distributees who are owners by operation of law, into a trust with the provisions that you mentioned. Another would be to take the home as tenants in common and provide for its ultimate distribution in a will. Based on the facts and circumstances, which need to be discussed with an attorney, you may or may not need to obtain letter of administration from the Surrogate's Court. Sincerely, Roman Aminov, Esq. Law Offices of Roman Aminov Estate Planning - Elder Law - Probate - Real Estate 147-17 Union Turnpike | Flushing, New York 11367 P: 347.766.2685 | F: 347.474.7344 [email protected] | www.AminovLaw.com

Consult with an experienced Trusts and Estates attorney. Spouses have certain rights under NYS law which will make it more complicated for you to achieve your goals.

If there is no surviving spouse, no other children and no other assets in the estate, the property could be transferred by deed as the three tenants are heirs at law - the property automatically becomes theirs at the time of the parent's passing. Otherwise, you would need to get letters of administration from the Surrogate Court. The new deed could be in the names of the three children in the percentages that they wish, and they could each write a will stating what would happen with their portion. However, that will would have to be probated. What might be a larger up-front cost would be to create a trust (could be revocable or irrevocable depending on the needs of the three siblings) which dictates the ownership interests of each person and what would happen if someone passed away. In this case, the new deed would be to the trustees of the trust, which could be the three siblings.