Legal Question in Real Estate Law in New York
Maybe I didn't make my question clear enough. A brother & sister is on a deed. They sell the house, and now that they are ready to close, the brother passed away. The brothers wife was not on the deed, for it was his parents home once. However, she is entitled to her half by marriage etc.. Apparently a death certificate is not the answer. So why must this woman be sent to the buildings department to fill out papers to get on the deed now? Or what else can be done? New York.
2 Answers from Attorneys
The brother's estate must go to probate before the property can be sold. The Building Dept has nothing to do with it.
Surrogates Court. However, if the wife is the sole heir of the decedent, (no children), she and the sister-in-law may convey clear title, provided the title agent for the purchaser agrees to it.
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