Legal Question in Wills and Trusts in New York

Initially, 3 joint tenants on deed. One sells their share to other joint tenant for life estate deed. Life estate holder no longer owner of said property. Life estate holder moves out never to return (nursing home). If the last 2 remaining joint tenants want to partition house do we need the life estate holder to sign off even if they don't own or live at the property anymore?

Several attorneys have given me different responses. One says that the life estate deed holder needs to be served while another says no because they don't own said property. I'm confused because I'm trying to make up my mind on who I should choose to continue with.

Asked on 11/02/17, 4:47 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

The title company lawyer is going to give you the right answer. The title company is like the umpire in baseball, whether he calls a ball or strike, that's what it is. Regardless of what any lawyer tells you, the title company is the umpire.

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Answered on 11/02/17, 5:59 pm

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