Legal Question in Real Estate Law in New York

Life Estate

How can I sell a home with a life estate issue when I cannot obtain the copies of the death certificates on the original donor? I have a copy of the death certificate on the receiver of the gift, but am required to provide proof of the donor's death at time of closing.


Asked on 7/12/05, 3:02 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Re: Life Estate

Your message is a little confusing. It looks like you are saying that A transferred the property to B subject to a reserved life estate to allow A to live there until death, A and B are dead, and you have B's certificate of death but not A's. I presume you are B's heir.

If that's the case, then you need to track down A's death certificate. I assume that, if A became deceased in the City of New York, your attmpts at the New York City Health Department came up cold.

There are lawyers and non-lawyers alike who handle this kind of work. You should speak with one or more of them and see what it takes to obtain the death certificate. Good luck.

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 7/12/05, 4:34 pm


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