Legal Question in Real Estate Law in New York
Selling deceased relative's home where no will is present
My aunt recently passed away in NY. Her sister (my mom) resides in the State of NV. We think she may have had a will leaving her house to my mom but cannot locate will. What legal steps would have to be taken in order that my Mom would be able to sell the house.
Thank You
3 Answers from Attorneys
Re: Selling deceased relative's home where no will is present
Property must be probated in the state where it is located. You need to have an attorney in New York in the county where the home is located to probate the house.
Re: Selling deceased relative's home where no will is present
If you locate the Will, the Will must be probated in the state where the house is located (I assume that is NY).
If you cannot find the Will, then the property will pass in accordance with the NY laws of intestacy.
If you need a New York attorney, please feel free to contact me at (212) 971-1384.
Re: Selling deceased relative's home where no will is present
If your aunt's heirs at law, ie: (those who would inherit in the absence of a will), surviving spouse, children, parents, brothers, sisters, etc. all agree, the heirs at law can sign a deed and no administration (or probate) will be required.
Feel free to contact me if you have any further questions.
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