Legal Question in Wills and Trusts in New York
My mother has passed away leaving her home in her estate. There are 4 of us. I need to know what our options are in regards to her house. I am being told that the house has to be sold as none of us were listed on the deed. My nephew would like to buy it but cannot get a mortgage (85,000). Are there any other options we have in regards to selling it to him for a lower price?
2 Answers from Attorneys
The residence can be sold at fair market value or can be distributed to the residuary beneficiaries designated in the Will. If a distribution occurs, the residuary beneficiaries will hold the residence as tenants in common. If
"I am being told that the house has to be sold as none of us were listed on the deed." This is not true. The estate may sign a deed transferring the house from the "Estate of Mother" to each of the four children individually.
If the nephew wants to purchase the house and cannot get a mortgage, you have the option of either accepting paper (a purchase money mortgage) - and you nephew would have to pay you instead of the bank, or, you can sell the house to another individual.
Mike.