Legal Question in Real Estate Law in New York

Hi. (New York) Brother & sister own a home and selling it. It is in contract and ready to close. Now the brother dies, and wife of brother was advised to go to buildings department to start paperwork to get her name on property.

Is this the only ridiculous solution available, while buyer, both attorneys, bank and family want to close.


Asked on 9/10/15, 3:03 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

It all depends on how title reads on the deed. If your name is not on it, you are not an owner. If held by both of you "jointly with right of survivorship" all you need is his death certificate. If you both owned as tenants in common, his estate must go to probate to determine who inherits his share and have executor appointed to sign deed. I don't understand the advice you received.

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Answered on 9/10/15, 4:42 am


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