Legal Question in Real Estate Law in New York
deeds
my mother has a house with her aunt amd uncle.the house was orginal purchase by my gand mother and great grand father.The deed is still in their names.The deeds was set up if any party deceases the heirs get their shares.my great grand father dir first .he had 4 children one of which was my grandmother.She die later and gave her orginal 50% to my mother and her shares from her father.My questions are:1. of my grandmothers sibling die after her what happens to her share from my great grandfather?2.My grand mother's brother refuse to sign the deed?so can my mother and the other sister force him?3.my mother and my grand mother's sister want to sell.Are than any options for them.And Last My Grandmother's brother is very sick can his sister seek some kind of medical proxy to get the ball rolling?thank you
1 Answer from Attorneys
Re: deeds
To properly answer your question I would need to see the deed. However, with what little information given I will attempt to answer your questions:
1. of my grandmothers sibling die after her what happens to her share from my great grandfather?
A. It really depends on the language in the deed. If the deed has no language concerning distribution to heirs, the Court would look to either a will or an intestate administration.
2.My grand mother's brother refuse to sign the deed?so can my mother and the other sister force him?
A. Assuming your mother and the other sisters are rightful owners of the house with your uncle, you can start a partition proceeding to sell the house.
3.my mother and my grand mother's sister want to sell.Are than any options for them.
A. A partition proceeding, assuming they are named owners of the house.
Q. And Last My Grandmother's brother is very sick can his sister seek some kind of medical proxy to get the ball rolling?thank you.
A. You would need a durable power of attorney to handle your great uncle's business affairs. A medical proxy (DNR or Living Will) is only used for health care decisions should your great uncle be in a permanent vegitative state.
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Deed i need to find a copy of my deed to my house Asked 10/03/07, 10:58 pm in United States New York Real Estate and Real Property
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