Legal Question in Wills and Trusts in New York

probate and wills

Dad died in 2000 he had inherited his house in 1998. Left everything for Mom. Mom is sick and I (son)have power of attorney.I am the last of my generation no siblings or relatives alive. House is in contract to be sold but now contract attorney is telling us will needs to be probated. We live in ny. We dont understand why.


Asked on 9/04/07, 11:33 am

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: probate and wills

Since your Mom did not put house in her name, you will need to convey house from your Dad's Estate to the Buyer. So an Executor's deed is needed.

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Answered on 9/06/07, 4:23 pm
Arnold Nager Arnold H. Nager, Esquire

Re: probate and wills

Provided a title company will certify the title to the Buyer's bank, signatures of your father's heirs on the deed should be sufficient.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 9/04/07, 6:36 pm


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