Legal Question in Real Estate Law in New York
I am a remainderman in my grandmother's estate for life property. I recently discover the property was put up for sale after she passed away. My uncle is the other remainder man and put the property up for sale without my knowledge or signature.
Can he rent and/or sell the property without my knowledge or consent? When I contacted the selling agent she had no idea there was another remainderman. I am named on the title deed also. However, on the tax rolls, I am listed as the one responsible for paying all of the latest taxes on the property. Is any of this legal? What are my legal options? I am a resident of New York State.
2 Answers from Attorneys
Your uncle is exceeding his authority. You will have to sign any deed transferring title to the property.
I have not seen the original Deed, but Arnold appears to be correct. If you are a Grantee on the original Deed, you must also agree to the sale. How does the grantee provision in the Deed read? Was there a Will also, and did it mention the property? This may be contributing to the confusion. Have you paid the taxes solely, or did you mail the check, or does your name appear first on the Deed or does it use your address? Any of these instances could lead to what has happened in the tax department. As you can see, more information is needed to provide a complete response.
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