Legal Question in Real Estate Law in New York
Selling of a house after the owner is deceased
If the owner of a house writes on a piece of paper that she wants her house sold to a particular person at or after the time of her death , has it notorized and keeps it with her will, is that legal? Or does there have to be paperwork drawn up by a lawyer? The proceeds would be divided up amoung the inheritors.
Thank you for your time!
2 Answers from Attorneys
Re: Selling of a house after the owner is deceased
Presuming the home-owner is alive and competant, you could either do a "codicil" to the will or an option to purchase which is exercisable within a window after owner's death. To discuss your particular needs, sit down with an attorney. I can be reached at 516-780-0270 if you wish to discuss this further with me.
Re: Selling of a house after the owner is deceased
To answer your question simply, a document which is to take effect on a persons death must be a will. In New York State, if the document is not typewritten, witnessed by two people and notarized, it is not a will, and thus is of no legal consequence. The executor may wish to follow the decedent's wishes, but is not required to do so.