Legal Question in Real Estate Law in New York

Real Estate

My brother passed away in 2004. We have no other family except for one other brother who lives in a state run group home in New Jersey and has been a ward of the state for 40 plus years.After my brother passed I began making the payments on his mortgage and have done so since. The mortgage is not in my name nor is the deed to the house. What do I have to do legally to sell the house?I live in New York and the house is in South Carolina.


Asked on 3/05/09, 7:01 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Real Estate

I am assuming that the brother that died (decedent) did not have a will. If he had a will, you would have to follow the terms of the will and commence a probate proceeding in the jurisdiction where he was domiciled.

Assuming that the decedent did not have a will, you would have to start an administration proceeding in the jurisdiction where he was domiciled. If he lived in NY, the administration proceeding would be commenced at the Surrogate's Court in the county where he lived.

Once an estate is created, the estate would be able to legally sell the house.

Mike.

Read more
Answered on 3/05/09, 8:16 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York