Legal Question in Real Estate Law in New York

Legality of only one partner's signature

Would a right of first refusal signed by one of two partners hold up if the partner who signed the document passed away?


Asked on 1/28/05, 10:47 am

3 Answers from Attorneys

Seth Kaufman Kaufman PLLC

Re: Legality of only one partner's signature

Attorney Connolly's response is on the mark.

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Answered on 1/29/05, 9:10 am
Kevin Connolly Kevin J. Connolly

Re: Legality of only one partner's signature

The question can't be answered without knowing if there is a written partnership agreement and what the course of dealings between the partners has been. In general, the signature of one partner binds the partnership, and that would not be defeated by the death of the signatory partner. However, there are lots of facts that could change the outcome, including the dead man rule. That rule is a complicated rule of testamentary disqualification, on which even "nutshell" books spend many pages. If the contract is valuable (or avoiding it is valuable) you should seek the advice of an attorney.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

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Answered on 1/28/05, 10:54 am
Robert R. Groezinger GroezingerLaw P.C.

Re: Legality of only one partner's signature

That is difficult to say because the death of a partner ends the partnership.

More details are needed. Call or contact me with any questions.

Good Luck

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Answered on 1/28/05, 2:14 pm


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