Legal Question in Real Estate Law in New York

Re: Heir to Real Estate Property

You cannot proceed unless the will has been probated and the executor permits it ... otherwise, how did you get on the deed in the first place?

If you are all on the deed, all must sign.

Good Luck

RRG

Re: Heir to Real Estate Property

It depends on how title to the property is held, but the four of you can only sell the interst you collectively own/control without brother's consent. You might consider an action forcing a partition/sale of the property, or other tactics to compel brother to go along or sell his interest to you. Feel free to call my office to discuss this further.

Re: Heir to Real Estate Property

If all your mother's heirs at law, agree and "sign off" on the sale and the house is your deceased mother's entire estate, you probably do not need to file a Probate or Administration Petition to sell the house.

However, you cannot "force" your brother (or anyone) to sign or do anything w/o the legal authority of a Court Order. Which in this case, may be obtained viz a Surrogate's Court Petition or Civil Court Partition Action.

In addition, you cannot sell the "entire" property w/o all the "beneficial" owners of the property signing the Deed, which evidences transfer of THEIR, rights, title and interest in the property.

Good luck,