Legal Question in Wills and Trusts in New York
Dad died and left last will and testomony. However he divided a home among his 3 biological children.
Dad has 1 stepdaughter he raised, and left her out of his will. Stepdaughter stole dad deed to property
and the deed is in dad name, and my mother name, who both are deseased now. Can his
stepdaughter do anything with this deed ? Dad left this property to his grandson in his will....can my
stepsister do anything to sell this land. The will is in court for probate now. Even tho dadx raised her
as a child, he left her out of his will. I'm his oldest daughter the executrixx of dad will. Like I said she
stole the deed to this land.
2 Answers from Attorneys
Q. Can his stepdaughter do anything with this deed ?
A. Generally, no. The owners of the property (father and mother) died. Only the executor (or if female, executrix) can sign a deed transferring the property to the beneficiary under the will.
Mike.
Simply being in possession of a deed does not change anything. Only the executor of the estate has the authority to transfer title to the porperty.
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No will surviving spouse who gets money,in new york state Asked 5/04/11, 6:59 am in United States New York Probate, Trusts, Wills & Estates
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