Legal Question in Wills and Trusts in New York

I am recently trying to purchase a co-op, the seller tells me that his case is still in probate court but he is legally able to sell the property and his attorney can write up a contract. Although the funds will go to a escrow account till the case come out of the probate court. Is this true and would i have any risk for buying a property that is still in probate court?


Asked on 1/13/11, 8:42 am

1 Answer from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

If the seller has Preliminary Letters Testamentary from the court, he can enter into a contract and transfer title to the property. If he is not appointed by the court, he cannot transfer title nor enter into a valid contract.

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Answered on 1/18/11, 9:05 am


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