Legal Question in Real Estate Law in New York

Does a statement from me matter at all when it comes to a lien on the property? My mother unexpectedly passed away last year. There was no will on the premises (suspect estranged husband). No idea what constitutes her "estate" whatsoever. She had withdrawn student loans before her relationship and marriage to her husband. There is now a lien on the house because of delinquency. The husband wants a statement from me saying he didnt know my mother at all when she took out the student loans. I would have been 10 at the time. Does this statement even matter? I do not want to give my signature to him in case of potential forgery issues in the future. He has custody of my younger siblings so I am trying to handle this as amicable as possible.


Asked on 10/22/12, 12:07 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Her estate consists of anything she owned individually and which does not have a second name on the ownership or registration document. It does include assets on which she was the owner but had designated beneficiaries, like life insurance, retirement plans and the like. If she died without a Will someone has to be appointed as Administrator of her estate. Check with the Surrogate in the County in which she was living at her date of death and see if anyone has qualified yet. As a next of kin, you should have been notifed. You mention an estranged husband, but provide no marital information about him - were they married, divorced, separated, and was he living in her home? More information is needed to properly respond to your inquiry. This is a response to an Internet question and the reply is for informational purposes only, and is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 10/22/12, 12:22 pm


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