Legal Question in Wills and Trusts in New York

Re: Temporary qualification of executrix

The order of the Surrogate defines what the temporary executor can do. If it includes the sale of the condo (that is, the power to sign a Deed), there should be no objection. Furthermore, in New York the real estate (and a condo is real estate) passes immediately on death to the beneficiaries and the beneficiaries can sign the Deed.

I am perrplexed by the purported position of the title company. There may be something else.

And finally, the buyer picks the title company, not the sellers.

Re: Temporary qualification of executrix

If the Title company's position is solely based on what you claim the only thing I can suggest is that you or your attoney speak to the Title company and ask them how else they can be assured in view of the will and the Surrogate's court order and if they are unreasonable, hire another Title company.

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Re: Temporary qualification of executrix

Your problem is due to the probate laws of NY. In NY, a Will can only be offered for probate when all named beneficiaries have signed a consent to the probate. Since some beneficiaries have not yet been located, it is possible that when they are located they might object to the probate or the provisions of the Will. Not knowing which beneficiaries have not been located, or their interest in the estate, their objection, if filed and ruled to be valid, could negate the Will either in its entirety or certain portions. This is the possible exposure the title company attorney is expressing. If the Will is negated, you could lose your bequest and any sale could be overturned. Thus, while a technicality, as most Wills are approved, it is a cautious position that the title company is taking. On the other hand, you do have a Court Order allowing the property to be transferred to you, which, unless reversed by an appeal after the remaining beneficiaries are located (which could happen if there was a Will contest brought by the missing people and, appealing the preliminary ruling by the probate judge, the Will was overturned and your bequest negated). While this, as I stated, is a remote possibility, it is a reality that effects clear title. If the current title company will not insure this, with the present court order, try another title company. If you cannot find one that will insure title, it is because of the exposure until the Will is finally accepted as written, with no objections.