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?
3 Answers from Attorneys
Re: Legality of only one partner's signature
Attorney Connolly's response is on the mark.
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.
Re: Legality of only one partner's signature
That is difficult to say because the death of a partner ends the partnership.
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