Legal Question in Wills and Trusts in New York
will states to sell house - don't want to sell
My Grandmother passed away. Her will states everything is half left to me and half left to my Mom. It says the house should be sold and the $ from the house is to go again half to me & half to my Mom. It does not state a time frame in which the house should be sold. Neither one of us wants to sell the house. Do we need a lawyer or is it possible to just transfer the deed? And obviously can we not sell the house?
2 Answers from Attorneys
Re: will states to sell house - don't want to sell
You can't "just transfer the deed" without Surrogate court granting the Executor the authority to do so (letters testamentary). So, you will need a lawyer to file the petition, etc.
You do not have to sell the house as long as you both are in agreement.
Re: will states to sell house - don't want to sell
This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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