Legal Question in Wills and Trusts in New York

Re: intestate/probate

Since your brother has agreed to house buy-out for $5,000, get this in writing from him, signed, dated and notarized. Since your father died intestate, but had assets subject to probate, I suggest you apply to be Administrator of his estate (your brother can opt out of his right to qualify so you can be appointed alone). This is done through the Surrogate in the County where your father lived when he died. The Surrogate will provide a document (Letters of Administration) needed to allow you to sign and record a new Deed. I suggest the Deed Grantor be shown as you as the Administrator, and also you and your brother as heirs at law and next of kin, that he sign it also, to evidence his consent to its approval. Numerous forms need to be attached to the Deed, so it is best that you use either an attorney to assist you, or call a local title company to provide you with the required forms.