Legal Question in Wills and Trusts in New York
hello. My father owned property, and has passed on (died). His current wife doesn't want the property, and i (daughter) have an interested buyer. Property in foreclosure. How can I get deed transferred, & complete the transaction.
3 Answers from Attorneys
You'll need to probate your father's estate. This means petitioning the local Surrogate's Court to grant you Letters Testamentary (or Letters of Administration, if you father did not have a will). Also, if your father's wife does not want to receive any of the sale proceeds, than you should have her sign a renunciation and disclaimer (proof that she does not want her share of the property). Feel free to contact my office at 212-401-2990 for a brief complimentary consultation.
I agree with Tony and perhaps this could be simplified by having Wife complete sale transaction and sign Deed,along with Executor.
If the wife is on the deed ("so and so" and "so and so", his wife), then you would not need to probate.
Mike.
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