Legal Question in Wills and Trusts in New York
Sale of a house
A lawyer advised us that we could sell our father's house his name is only on deed but, my step mother is executor and in an mental institution. He said we could sell it and the money goes into an account until we fight it in court that she is not capable and the estate should be split in 3 my brother is listed next in the event she is not able is this true we can sell the home without her consent it is about to be foreclosed and we are trying to stop that
1 Answer from Attorneys
Re: Sale of a house
Your post seems a bit confusing, but it sounds like you are describing a situation where your father has passed away and your step-mother was named in a will as the administrator of the Estate.
Just because your step-mother is named in the will does not mean that she is automatically going to be the administrator. The court will have to appoint her as such, and if she is incapacitated in a mental institution it is not likely she will be placed.
You must probate your father's estate, and this must be opened in either the county where your father lived when he died or where the property is located.
It may be that you can sell the house, but based on the information you have provided it does seem very likely that you will succeed without court approval.
Depending on where you need to open the Probate, I may be able to assist you. Please call my office or email to schedule a consultation.
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