Richard J. ChertockReal Estate AttorneyMelville, NY ·
If you held the title as husband and wife then title automatically passed to you on her death. You would then be able to have an attorney prepare a new deed from you as surviving tenant by the entirety to you and your new spouse. If title was held any other way at the time of her death then you would need the executor or administrator of the estate to change the deed to your name alone after which you could then change the deed to you and your new spouse. Consult a real estate attorney to review the title and prepare the new deed and transfer documents
If you were married to your wife at the time of her death and title was not held specifically as tenants in common, title automatically passes "as a matter of law" to you upon her death.
Consult with an attorney to make sure there are no other outstanding issues. It should be a simple matter to draft a deed with the allied documents and add your new wife to the deed.
Christopher Harold OtterbeckReal Estate AttorneyStaten Island, NY ·
As the other attorneys previously stated, you should contact a real estate attorney in your area who will be able to review the last deed of record and advise you accordingly.