Legal Question in Real Estate Law in New York

Sale of Home
My mother transferred the deed for her single-family home into the names of her 3 children. She maintained a life estate until her death recently. One of the children has threatened to sell her 1/3 of the house to another party who will then occupy the house. The real estate interests of the other 2 children will then be rendered worthless. Does NY law permit a 1/3 party owner to sell their portion of a house without the permission of the other two owners? Probate is not involved as my Mom had no assets. I do have a durable power of attorney and am executor. Please advise what rights we have and how we can protect our interests until we are able to sell the house. Do you advise that we hire an attorney to protect our rights? Many thanks

Asked on 10/29/02, 5:43 pm

David Slater David P. Slater, Esq.

0 users found helpful

0 attorneys agreed

Re: Sale of Home

Absolutely you should have an attorney. Each of you own it as tenants in common. He can sell his share. I suggest you buy him out.

Answered on 10/29/02, 7:54 pm

Keywords

Match Any Match All

Country

State

Area of Law