Legal Question in Wills and Trusts in New York

1.no

2. she can try

I agree with David. As I said previously, it is never too late, just may be a little complicated; especially since you are no longer a co-executor. If the Will specifically gave you sole ownership of the property, the remaining Executor can be compelled to execute and record a Deed accomplishing the transfer or you might be able to do a Deed yourself. I would need to see the Will and know the status of the estate proceeding to provide a more definate response. This is a response to an Internet question and the reply is based upon the facts presented. The response could differ if additional facts are presented. This response is not intended to be legal advice or as creating an attorney-client relationship.

Who has been paying the taxes, maintaining the property and living there for the past 19.5 years? If no one has paid the taxes, the property may have been sold for the tax liens. Only the owner of record would have received notice. Before you spend any money trying to get title, go to the County Clerk (or Recorder in NYC) and search the title. If you feel uncomfortable doing so, any local attorney or title company can do it for you.

In addition, there should have been a final accounting filed on the behalf of the Executor/Executrix in the Surrogate's Court. That is a public record, which you may obtain by paying a small fee for printing it out.

Feel free to get in touch if you need more information.