New York State New Law: Designation of Property Beneficiaries Before Death, Automatic Transfer of Property After Death

New York State passed and implemented the “Transfer on Death Deed Law” on July 19, 2024, allowing homeowners to designate one or more beneficiaries before their death to automatically inherit the real estate property without the need for probate.

To introduce this new provision to the public, Council Member Sandra Ung and the New York Legal Assistance Group (NYLAG) have collaborated. They will be hosting an informative seminar on May 21 at the Flushing Selfhelp Senior Center and offering free one-on-one consultations with lawyers for seniors at her office on May 30.

According to the “Transfer on Death Deed Law” passed last year, homeowners can transfer property rights directly to anyone they choose by registering the property deed at the city clerk’s office. After the homeowner’s passing, the property deed will automatically transfer to the designated beneficiaries (who can be more than one) without the need for court probate. Previously, the only option was for seniors to leave their house or apartment (excluding co-ops) to children or other chosen individuals in a will, requiring the heirs to go through costly and time-consuming court procedures post the senior’s death.

This new law also ensures that the elderly maintain ownership of their property until their death, allowing them to benefit from property tax exemptions.

Council Member Ung emphasized that this new law will impact many seniors by safeguarding their wealth and preventing their loved ones from being embroiled in lengthy and expensive legal processes. It is strongly recommended for everyone to understand this important new tool.

To explain this new option to seniors, Council Member Ung and NYLAG will hold a seminar on “Transfer on Death Deed” on May 21 from 10:00 to 11:00 AM at the Flushing Selfhelp Senior Center, offering explanations in both Chinese and English. The location is 45-25 Kissena Blvd., Flushing, and registration is required.

Following the seminar, Council Member Ung and NYLAG will host one-on-one legal consultation events for seniors with attorneys at her office on May 30 from 11:00 AM to 4:00 PM. Registration is required, and attendees should bring identification, property documents, and other relevant materials.

In addition, Council Member Ung announced three legal consultation events to be held in partnership with NYLAG this summer. The consultation topics will include housing (for landlords and tenants only), loss of repossession rights, public benefits, disability benefits, healthcare, domestic violence, divorce, custody, consumer credit, immigration, debt management, identity theft, and more. The first consultation will take place on May 27 from 10:00 AM to 3:00 PM, with the second and third sessions scheduled for June 24 and July 29.

Registration is required for all three events, and the registration phone number is 718-888-8747 (Council Member Ung’s office).