My husband is recently deceased. Is it necessary change deed into my name only?

While it may not be necessary, it may be desirable or advisable to do so. There may be additional factors to consider, such as estate planning and taxes. A consultation with a qualified real estate lawyer in Westchester County would likely answer your question.

There is not enough information in your post to give a precise answer, but depending upon how the property was titled, the interest of your husband may have transferred to you by law without the need for any further action. For example, if you owned the property as tenants by the entirety prior to his death, his passing made you the sole owner by law. NOTE: The response given does not form an attorney-client relationship and it is provided solely as the opinion of the author. It is for informational purposes only under the terms and conditions. If a legal opinion or representation is desired, please seek independent legal counsel. REQUEST: Please give this answer a "thumbs up" if you find it valuable. Tom Gimer, Esq. -- licensed in DC and MD -- 202.556.4LAW (4529) http://gimerlaw.com

Usually No. If both your names are on the deed and it was purchased while you were married (Deed should read AS HUSBAND AND WIFE or JOINT TENANTS WITH RIGHT OF SURVIVORSHIP or TENANTS BY THE ENTIRETY), then your husband's interest automatically passes to you upon his death (assuming you where not legally divorced or separated). In this case no new deed would be needed and if you wanted to sell or mortgage the property all that would be needed to clear the title would be an official copy of his death certificate and some affidavits that you were legally married up until the time of his death. In such a situation unless you had a personal reason for filing a new deed to remove his name you can leave it alone. If the deed does not read AS HUSBAND AND WIFE or JOINT TENANTS WITH RIGHT OF SURVIVORSHIP or TENANTS BY THE ENTIRETY, or you were divorced or legally separated then you would need to do more to remove his name. If you have a copy of the deed from the county clerk's office where the property is located and if you are in NYC you can go on-line to NYC Dept of Finance and see a copy (except for Staten Island). If this is not possible your attorney or title company can get you a copy.

Usually No. If both your names are on the deed and it was purchased while you were married (Deed should read AS HUSBAND AND WIFE or JOINT TENANTS WITH RIGHT OF SURVIVORSHIP or TENANTS BY THE ENTIRETY), then your husband's interest automatically passes to you upon his death (assuming you where not legally divorced or separated). In this case no new deed would be needed and if you wanted to sell or mortgage the property all that would be needed to clear the title would be an official copy of his death certificate and some affidavits that you were legally married up until the time of his death. In such a situation unless you had a personal reason for filing a new deed to remove his name you can leave it alone. If the deed does not read AS HUSBAND AND WIFE or JOINT TENANTS WITH RIGHT OF SURVIVORSHIP or TENANTS BY THE ENTIRETY, or you were divorced or legally separated then you would need to do more to remove his name. If you have a copy of the deed from the county clerk's office where the property is located and if you are in NYC you can go on-line to NYC Dept of Finance and see a copy (except for Staten Island). If this is not possible your attorney or title company can get you a copy.