New York Attorney General Letitia James has shut down a Saratoga Springs company she says misled vulnerable homeowners by illegally drafting “transfer-on-death” deeds — legal documents that determine who inherits a property after its owner dies.
According to a Nov. 21 settlement agreement, Eve Whalen, owner of Avoid Probate New York LLC, has dissolved the business and agreed to pay $10,730 in restitution and penalties after state investigators found she had been preparing legal documents she was not licensed to handle.
Between January and July, Whalen drafted 27 deeds for 19 clients, generating $5,730 in fees, despite having no law license or attorney supervision — a violation of New York law. Transfer-on-death deeds only became legal in New York in early 2024, and prosecutors say Whalen quickly launched her company to capitalize on public confusion around the new process.
James said Whalen’s actions put families at risk by offering what appeared to be legal services without any of the protections that come with using a licensed attorney.
“For many New Yorkers, their homes are their family’s most valuable assets, and they deserve sound legal advice when they need help transferring their deeds,” James said in a statement. “Avoid Probate misled consumers, charging them for legal services even though they were not licensed attorneys. My office shut down this illegal business and got New Yorkers their money back.”
Whalen, who advertised through mailers and a company website, cooperated with the attorney general’s investigation. Court documents show the deeds she prepared were filed in multiple counties without proper legal review, which could have left families with invalid property transfers, costly legal disputes, or administrative complications after a loved one’s death.
James’ office has increasingly targeted unauthorized legal service providers, especially those dealing with estate planning and property transfers — areas where mistakes can have devastating financial consequences.
Consumer advocates note that the rollout of the transfer-on-death law has led to a wave of confusion, creating opportunities for predatory actors to offer “shortcut” services to seniors and grieving families.
The settlement requires Whalen to fully reimburse all clients and permanently cease offering any service that constitutes the practice of law.
