Legal Question in Real Estate Law in New York
who can list the condo
I expect to be appointed administrator of my mother's estate within a month. Meanwhile, my uncle has been helping to get her condo ready for sale, which is now owned by my sister and myself (no will or title change yet, just going by intestate law in NY).
Helpful uncle is asking whether he can sign the broker's listing in place of owner, with permission (by email) from sis and me. I'm guessing that's probably legal, just checking. Also, wondering if it would be better in the long run if I sign it since I'll soon be the admin anyway, and have been acting so for some time now.
1 Answer from Attorneys
Re: who can list the condo
Your uncle can probably sign the broker's listing (after your review and approval). However, he should fully disclose the situation when he signs the agreement. In other words, he should use the following language:
"Uncle name" as agent for "your name and your sisters name", pending Administrators for the Estate of "Mother's name."
Mike.
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