Legal Question in Wills and Trusts in New York
Died without will
Mom died without a will and owes approximately 4 K on her home. She had seven children. The oldest one is trying to sell the home without the approval of all seven. What would be the best way to proceed to ensure a fair and equitable distribution between the children ? Without a will, does the state own the home ? The mortage is through a private party and not a bank. Two of the children currently live in the home, four live in NY and one lives out of state in TX. Need a lawyer in Binghamton NY
1 Answer from Attorneys
Re: Died without will
Unless your sibling was on the deed as joint owner with your Mom, she will not be able to convey title without the signatures of all seven children.
You do not state whether or not anyone else such as a surviving spouse is on the deed with Mom.
The mortgage, if drafted and filed correctly, is a lien against the property and must be paid at title closing.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
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