Legal Question in Real Estate Law in New York

I have a real estate related question. My wife and I got divorced and she got the house in the settlement agreement. She was unable to get a mortgage and I had to remain on the note. She was responsbile for paying the mortgage from her alimony. She passed away in July 2013 and did not leave a will. We have a daughter. My daughter needs to be named administrator and has done nothing. I am not entitled to the proceeds but I am paying for a house that I have no rights to. Can I put the house on the market and have the proceeds go into an estate account? I live in NY.

Asked on 10/22/13, 9:15 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.
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Presuming you were paying the mortgage from the alimony, which stopped on her demise, it appears you still have the mortgage obligation. Compel your daughter to become administrator and immediately sell the house. You may have a claim against the estate for unreimbursed mortgage payments so I suggest you retain a good local estate attorney and file a lien so you can be reimbursed when the property is sold. You have no right to sell the house, as you are no longer an owner or entitled to become administrator, unless your daughter waives her rights to the appointment in favor of you.

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10/22/13, 9:57 am

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