Legal Question in Real Estate Law in New York

Land transfer, previous owner did not completely sign off, everybody is deceased. What can we do to transfer title with past interest still on deed?

Asked on 4/18/13, 2:07 pm

3 Answers from Attorneys

Thomas Sirianni The Law Office of Thomas A. Sirianni
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Call me to discuss 516-314-1343

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Answered on 4/18/13, 2:11 pm
David Slater David P. Slater, Esq.
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You will need a probate of the estate. Call me should you need a referral.

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Answered on 4/18/13, 2:14 pm
Kevin Connolly Kevin J. Connolly
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The answer is very dependent on the facts, which you didn't detail. If there was a common family scheme, the failure of a few holders of a small share to sign off might not be dispositive. Especially is this true if the people who did not sign off received, in exchange, a larger share of the personal property. Another potential angle is adverse possession. How long have the present "owners" been in uncontested possession of the property? et c.

Talk to a lawyer. Let him or her have all the facts. Then we can figure out what to do. Probate is not needed if you don't have wills, but the administration, or re-administration, of the estates (how many people are in the family tree?) could be a nightmare.

Oh. Call a title company and work with them.

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Answered on 4/18/13, 3:58 pm

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