Legal Question in Wills and Trusts in New York
Grandfather Died Intestate
My grandfather died intestate(grandmother died prior to grandfather) leaving a home on approx. 2acres of land. His daughters wish to sell the property. However, the children of my granfathers deceased sons (myself included) wish to keep the property in the family. I have asked that the property be sold to me. All parties are agreeable to this. There is no executor & I wish to know how we go about having this property sold to me. Thank you very much for any help you may give. H.--name removed--
3 Answers from Attorneys
Re: Grandfather Died Intestate
Provided all the heirs at law are willing to sign off on the deed, the property can be transferred.
However, you do not specify the value of the total estate or the year your grandfather died.
There may be Federal &/or New York Estate Tax liability.
Re: Grandfather Died Intestate
An estate administrator should be appointed by your county Surrogates Court. Only he will have authority to sign a deed.
Re: Grandfather Died Intestate
Someone will need to apply to the Surrogate's Court to be the Voluntary Administrator of your Grandfather's estate. A preference would be given to his nearest relatives (his daughters) but they can waive that right if you want to apply. Once the Voluntary Administrator is appointed, he or she can sell the property to you and, after paying the expenses of the estate, distribute the proceeds. Make sure you get a Waiver of Estate Tax Lien from New York State, otherwise you may have problems later on when you try to sell the property.
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