Legal Question in Wills and Trusts in New York
administratrix
does an administratix have the legal right to sell a house without the conscent of another sibling and a widowed husband, even if the administratix is a sibling herself?
2 Answers from Attorneys
Re: administratrix
If the deceased died without a will, then title to any real property in the estate passes directly to the intestate inheritors, including the surviving spouse and children. Administratrix should not be able to close on a sale without the consent (signatures) of the other inheritors.
If you believe this is what has occured, you should contact an attorney.
Re: administratrix
In New York, real estate is deemed to be owned by the inheritors at the instant of the death of the owner. Therefore, the person or persons who inherit by statute are the ones who can convey the parcel.
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