Legal Question in Wills and Trusts in New York
Title, house closing
I just received copies from my lawyer regarding the title search my fathers house to which we are selling. His Will was attached from the title search company as part of the search - is this standard procedure. I thought Wills were private just to family and their lawyer and not information for the party buying the house. please let me know if this is true.
Thank you
2 Answers from Attorneys
Re: Title, house closing
Once a Will is filed in court for probate, it becomes public information. It is standard and required that the title company search for Wills and include the same in its report. The terms of the Will may effect title to the decedent's real estate. For example, if the Will gave a specific property to X, the estate executor would have no authority to sell the property even though no deed has been given to X.
Re: Title, house closing
Once a will is submitted to probate, it becomes a part of public record. Anyone may search or view the will after such point. Wills are only private as long as the testator is living.
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