Legal Question in Real Estate Law in New York
my uncle passed 4 years ago leaving no will but leaving a house he took out a mortgage now the house is in limbo do to no will. thus the question one set of locks were changed we have keys to the front which we can enter the taxes have not been paid can we move in pay the taxes and make the home ours
3 Answers from Attorneys
His estate will have to be administered through the Surrogate's Court. If you move in, you will be a squatter with no claim to ownership. See a lawyer.
You will have to probate the estate to determine ownership. The lender will then be able to
foreclose and the estate will owe any deficiency. Talk to the lender first and try to work out a deal.
Arnold is right. David is wrong. However, if you are the next of kin, you have enough color of right to move in and possess the property adversely. Make sure you pay the taxes or all will be lost. But you have to deal with the mortgagee. David got that little right. And Arnold did miss the possibility of adverse possession, though that takes ten years.
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