Legal Question in Real Estate Law in New York

Dual Ownership lost will

When my mother passed away she left her house 2/3 to me and 1/3 to her fiancee. Then suddenly this year he passed as well. His family has 1/3 ownership but has not been able to locate his will. The deed contains my name and his name. What do I do? Can I sell this property? What should be the next step in this process?

Hugh


Asked on 9/18/04, 11:26 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Dual Ownership lost will

While you own a majority share, you cannot do anything until someone is appointed to represent the fiancee's estate. If there is no Will, someone (closest next of kin) needs to be appointed as administrator or personal represetative, as you need someone with authority to act for the estate. If the estate is in a different state from the property, ancillary proceedings will be required in the state where the property is located, as verification (for title purposes) of the representative's authority to act. Once appointed, the representative could give you a Power of Attorney to act for the estate. If you need assistance with the power, contact me directly.

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Answered on 9/20/04, 1:18 pm
David Slater David P. Slater, Esq.

Re: Dual Ownership lost will

Until a fiduciary is appointed for his estate you will not be able to sell it since you will need

them to sign off. Of course, his family can buy you out now.

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Answered on 9/19/04, 7:12 am


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