Legal Question in Real Estate Law in New York
legal right on property
My bother inlaw lives in New York and when my mother inlaw pastaway she left hem property that was a rental.Now husban owen the property with his brother when my father inlaw past he left it to his wife and when she past she left it to her son. My father inlaw brother did not have a well and when my mother inlaw was a live she receved rent from her lat brother inlaws adalt kids now the kids wont pay rent and say they owen hafe even tho they never put on the Deed. Am i mistaken is not New York probat law that when some one dies there estate shoud go in to probat to be decied by the cort and even the fact he did not have a well the property goes to the person on the deed so on and so on ?
1 Answer from Attorneys
Re: legal right on property
Real Property, owned by a deceased, may and can be "passed," "given" or transferred to a person or persons, in NY, without Court Process or a Probate Surrogate's Petition.
Although, NY IS a "Title" state, ownership rights or interest in property, may be evidenced by documents, and "status" in addition to a Deed.
If your mother in law, files a Petition for "Partition" of the property, her and her nephew's respective shares and interest in the property, could be allocated, as equity indicates and then evidenced by "new" Deeds, for the respective owners.
Please note, if the "Estate," "Executor" (after a Probate), or "Next of Kin" issued a Deed for the nephews, without the aunt joining in the transfer, the result would essentially affect "Partition" of the property. And, your mother in law could thereby, be deprived of her "fair" share, interest or compensation. Which would be a even more awkward situation.
Suggest that a statement of account be prepared with clear and complete records and presentation of the nephew's "defaulted" obligations. Consider, filing for Partition of the Property, AFTER, CONSULTATION WITH AN ATTORNEY.
Good luck,
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