My mother and I own a property.Presuming she dies before me, will I have to go through probate to get her name off of the deed?

The title company will probably require something from the court allowing your mother's share to go to you, in which case you will need to go through probate/administration. Like you mentioned, a joint tenancy will help avoiding probate, as will transferring the property into a living trust. I would advise you to speak to an attorney to review the situation. Best of luck. Sincerely, Roman Aminov, Esq. Law Offices of Roman Aminov 147-17 Union Turnpike | Flushing, New York 11367 P: 347.766.2685 | F: 347.474.7344 [email protected] | www.AminovLaw.com

The answer to your question(s) depends on HOW you own the property. If it is as tenants in common, then yes, you will need to go to probate upon mom's death. If you own as joint tenants with rights of survivorship, then No, probate would not be required. It is unclear to me how converting a tenancy in common to a joint tenancy with rights of survivorship could be construed as divestment. But even if it is not, the NY estate recovery act *could* come into play, in the event that your mother does require long term care and Medicaid benefits are used. There are a lot of ifs and assumptions, because your summary is long on issues and short on facts. For that reason, it would be a very good idea for your mother to visit an estate planning attorney to make sure everything is in order. Your mother should certainly execute a durable power of attorney for health care and financial matters if she does not have one. This will avoid the need for probate appointment of a guardian/conservator, if she ever becomes incapacitated. James Frederick