Legal Question in Wills and Trusts in New York

foreclosure

mom died last year will wasn't probated. i fell behind in payments this year and all 6 heirs got served. there was an outclause to relinguish our share of the house if we choose. my siblings don't want the house and i'm working with mortgage holder to save the home. according to two lawyers if the other kids don't want it, i can still save it but my sister said she talked to a lawyer yesterday that said that one of us couldn't get the house it has to be a mutual decision and we all have to sign off on the house. which attorney is correct? please help.


Asked on 7/29/08, 10:18 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: foreclosure

Since the Will provides that the house was to go to all heirs and the Will was not probated, either by the Will or by intestacy (dying without a Will) all heirs became owners simultaneously with the death of Mom. Since no formal Disclaimers have been filed with the Surrogate's Court (and you may be out of time to do this), all heirs are the current owners and must sign a Deed to the person getting the house. If any of them are married, I suggest their spouses also sign the Deed, which should refer to the spouses' signing as relinquishing any marital rights in the house. Contact me directly if you have additional questions or need assistance.

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Answered on 7/29/08, 12:35 pm


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