Legal Question in Wills and Trusts in New York

My parents died without a will and I'm trying to sell their house but the house is still titled under them. My brother, who died before my parents, had three children who I've been trying to contact but they won't return my calls. My intent is for them to sign a waiver of citation, renunciation & consent to appointment of administrator form so I can get the house title transferred over to my name. I also intend on giving them their half of the proceeds from the sale of the house. That's assuming that they're entitled to half, since my brother did pass away before my parents. If my brothers offspring's want nothing to do with me, how can I sell this house if I can't get them to sign the waiver?

Asked on 5/12/14, 6:46 am

3 Answers from Attorneys

jeffrey lazroe Jeffrey A. Lazroe attorney at law

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You have to apply to surrogate's court for whatever county your parents died to be appointed administrator of the estate of your parents. In order to be appointed you will have to serve a citation upon your brother's children and anybody else who may have an interest in the estate.

At the return date of the citation, if nobody objects, you will be appointed administrator of the estate, with full authority to sell the property. It will then become a matter of law to what, if anything, your cousins would be entitled to.

It is not up to them to hold up the sale of the house, the court will take control.

Jeffrey A. Lazroe, Attorney at Law, 37 Franklin Street, Buffalo, New York 14202

1-716-856-8811

Answered on 5/12/14, 8:01 am

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