Legal Question in Real Estate Law in New York
Dual Ownership lost will
When my mother passed away she left her house 2/3 to me and 1/3 to her fiancee. Then suddenly this year he passed as well. His family has 1/3 ownership but has not been able to locate his will. The deed contains my name and his name. What do I do? Can I sell this property? What should be the next step in this process?
Hugh
2 Answers from Attorneys
Re: Dual Ownership lost will
While you own a majority share, you cannot do anything until someone is appointed to represent the fiancee's estate. If there is no Will, someone (closest next of kin) needs to be appointed as administrator or personal represetative, as you need someone with authority to act for the estate. If the estate is in a different state from the property, ancillary proceedings will be required in the state where the property is located, as verification (for title purposes) of the representative's authority to act. Once appointed, the representative could give you a Power of Attorney to act for the estate. If you need assistance with the power, contact me directly.
Re: Dual Ownership lost will
Until a fiduciary is appointed for his estate you will not be able to sell it since you will need
them to sign off. Of course, his family can buy you out now.
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