Legal Question in Wills and Trusts in New York
Buying my ex husband's house before death.
I have receipts signed by my ex husband proving that I bought a piece of land from him, but we stated in the paper (which we both signed and had witnessed) that it would not go into effect until after his death. I had paid for the land at the time of the signing of the document. He passed away in January and the sale happened in the fall, with this paper stating that he did sell me that piece of land, and that it was to be signed over to me after his death, am I the legal owner of this property can I have the deed signed over to me by his executor? Does this piece of the land avoid probate?
3 Answers from Attorneys
Re: Buying my ex husband's house before death.
If your contract is valid you need the executor to sign a deed. If he refuses, legal action may be necessary. Good luck.
Re: Buying my ex husband's house before death.
You may have a remainder interest in the real estate, but it doesn't sound as though you recorded a deed as such. To determine whether the property must go through probate, you should show all relevant paperwork to an estate attorney (the precise wording may make the difference). Feel free to contact my office for a free consultation.
Re: Buying my ex husband's house before death.
You appear to have a valid contract. When his executor is appointed, all that is required is that the executor should give you a Deed to record. If you have a problem with the executor, you may need to bring a suit to enforce the contract. The property is not in probate, but you need someone with estate authority to sign the new Deed.
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