Legal Question in Real Estate Law in New York

Hello. My father passed away over a year ago and left my sister, brother and myself equal shares of a sizable piece of property in upstate NY. My sister wants nothing to do with it because of the taxes and the fact that she lives 15 hours away. There is a lien on the property so we don't want to raise any red flags to the gov't by filing papers to buy her shares out. If we have a document written that basically signs it over to my brother and I indicating that she is not responsible for the taxes and has no rights to the land or profits generated from it, is this a legally binding document?

Asked on 10/07/13, 9:25 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

It is, or can be, binding between the three of you, but until you record a deed, her creditors can levy on her interest in the property. I do not understand the red flag issue and I suggest you discuss your options with counsel. 516-242-1453

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Answered on 10/07/13, 9:37 am


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