Legal Question in Real Estate Law in New York

Re: what's my next step

Sister obviously has some quick decisions to make. Does she want to call the police and report a forgery? Does she want to sue to void the sale of the house?

If the will was made, it has to be entered at the probate court. Sistser needs to decide quickly or face a possible eviction by the new owner.

Re: what's my next step

1. Advise buyer of the fraud.

2. If will was probated, a copy was filed with the court for you to read.

3. Suggest you retain an attorney.

Re: what's my next step

I am sorry for your troubles.

The fist step is to locate the Will and determine what is says. If it is a valid Will, it should be brought to court to be "probated."

Needless to say, if your facts are accurate--the transfer of the house is fraudulent. The son would be liable to anyone who should have shared in the proceeds from the sale.

If you need an attorney, please feel free to contact me at (212) 971-1384.

Re: what's my next step

I concur with the other people who responded that the sister must retain an attorney, as she is at risk. Who has the original Will? If she can get it, who is designated as the Executor, her or the brother? If she can get the original, it should be promptly probated and the executor appointed. If the brother is named, she can seek to have his appointment blocked for his actions, and be appointed in his place. She must notify the buyer and advise of her intentions, if she is going to seek to void the sale. She needs to start a suit, separately from the probate, to both void the sale and to bring charges against her brother. Without the Will being probated, the mother is deemed to have died intestate (without a Will) and she can seek to be appointed as administrator of the estate. This is slightly more complicated than probating a Will, and will require that a bond be posted. Under the intestacy statues, she is entitled to 1/2 of the sale proceeds, so she should also include this when she sues her brother. Get an attorney familiar with these matters, and start her suits as soon as possible.

Re: what's my next step

First, obtain all documents recorded on and for the property, from the Court or from [the] Title or Abstract Company. Obtain the Death Certificate; Obtain daughter's Birth Certificate (to prove the relationship to the deceased).

Then take documents to attorny; and Request that Attorney file an "expedited" application/complaint/motion or Petition to reverse the transfer, and other relief or remedy; which in the interim will permit or allow for the filing of a "lien" on the property. A "lien" on the property will put the world on notice, of an outstanding claim and interest in the property, that will help to prevent further transfer or encumberance, of the property.

Good luck,

Phroska L. McAlister,ESQ

Good luck,

Phroska L. McAlister,ESQ