Legal Question in Wills and Trusts in New York
Selling a home without the title in my name
My father passed away in May, 1997. His will went to probate. The house remains unsold, as my brother stayed there and paid the taxes, etc until recently. Now, I would like to sell the house, but I don't have the title of the house in my name. I am one of the executrix on the estate. The deed is still in my mothers name (she died in March, 1994). She left the house to my father and he left it to 5 of his 7 children. However, one of the 5 children passed away and had no will. Can I sell the house and put the $ in an estate account until the paperwork is resolved?
2 Answers from Attorneys
Re: Selling a home without the title in my name
I agree with Michael as to everything, as long as the Will language does not say anything different about the house (e.g., leaves it to someone, rather than being handled as part of the other assets in the estate). The share of the child who survived Dad but passed away traditionally goes to his children, but the language of the Will needs to be looked at to see if something different is provided. Contact me directly if you have any questions.
Re: Selling a home without the title in my name
Absolutely.
As for title to the house, since Mom predeceased Dad, and both names were on title, title passed automatically to dad in 1994. Since Dad passed in 1997, the house would be sold by the estate.
As the executrix for the estate, you have the right and responsibility to properly list the house, place sale proceeds in an estate account, and divide the proceeds under the terms of the will. The deed would be an "executor's deed" with you signing as the executrix for the estate.
If you need further help feel free to call my office.
Mike.
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