Legal Question in Wills and Trusts in New York

Re: Probate After Death

I agree (and respect) Walter. However, I would like to add the following:

Unless the realty was deeded in both names, the ex-husband may sell to an unsuspecting third party that is a bona fide purchaser. If this is the case and the purchaser's deed is filed, you will have a problem.

Under NY law a divorce agreement is a sealed document. Although the agreement creates a personal lien against the premises, it does not necessarily give notice to a bona fide purchaser. As a sealed document I do not believe you will be able to file the settlement agreement.

What you must do is 1. immediately seek to be the administrator / executor for your Mom's estate. 2. immediately file a notice of pendency (lis pendence) against the real property to give notice to potential purchasers that there will be a pending lawsuit against the property. 3. as administrator / executor, commence an action on behalf of the estate to enforce the settlement agreement.

Mike.

Re: Probate After Death

You have a complex problem and should retain a competent attorney. You must protect your mother's rights under her divorce agreement, ascertain if your mother left a Will, and proceed in Surrogate's Court.

Re: Probate After Death

First thing you should do is start the probate process. If Mom had no Will, simply apply for Administration in the Surrogate's Court where Mom resided at the time of her death. Once appointed, you are now her estate representative. You do not say how she was given a share of the property. If by Judgment of Divorce or Property Settlement Agreement with the "x", the document should be recorded so it will show up in the public records which are searched as part of the property sale, so her claim (actually now her estate claim) is on record. I suggest using an attorney familiar with probate and real estate matters to assist you.