Legal Question in Wills and Trusts in New Jersey
Out of State Property left in will
I owned 25% of property in commom with my father, brother in law and sister in law. My father died and left his 25% to me in his will which has been probated in NJ. The property is in NY State. My lawyer in NJ said they have to change the deed then send it to the clerks office in NY to file & then it comes back. My brother i in law is insisting that he wants to do it in NY. I've been told by several people it ''starts'' in the state where the will was probated. I have a letter of testamentary issued by NJ Surrogates office. Please help
2 Answers from Attorneys
Re: Out of State Property left in will
You may need advice from a NY attorney. I don't know if NYS will require ancillary probate of the property. I also don't know if any language in the deed would transfer your father's interest outside of probate.
Good luck to you.
Re: Out of State Property left in will
Ask your lawyer to help. Since you are the executor, you have the power to give whatever deed is necessary under New York law. NY may require ancillary probate of the will as a device to recognize your power to transfer property in NY. The actual transfer will probably take the form of an executor's deed from the estate to you or whatever the NY equivalent of that is. Your NJ lawyer will be able to assist you in obtaining the services of a NY lawyer to help. Your brother-in-law can insist all he wants but he has neither the power nor the responsibility to make the transfer.
See also: http://info.corbettlaw.net/lawguru.htm
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