Legal Question in Wills and Trusts in New York
A relative passed away recently. His will left his co-op apt.to his non-live-in girlfriend. The co-op mgr said he can get board approval to transfer the deed to her at closing, when she sells the apt.Lawyers, that have been asked for opinions, say the will must go thru probate. The co-op mgr says he does not need a court order to get the shares transferred to the girl friend at closing. Is the mgr. correct??If he is right, then there will be no need for probate,right?
3 Answers from Attorneys
If the will is not admitted to probate, the co-op does not pass to the girlfriend. Further, since there is no executor no one has the authority to transfer or collect assets. The co-op manager is incorrect and the will must go through the probate process.
I do not think the manager is correct. The will must pass through probate.
Mike.
The questions depends if your relative left his friend the coop apartment in a will, or if he had added her as a joint tenant with right of survivorship or transferred his coop shares into a trust. In the first case, the will must go through probate. In the other cases, the coop apt passes by operation of law without probate.
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