New York Real Estate Legal Questions

I hope you are using a lawyer for this partition case.  The issues you raise are actually not so easy.  Partition is an equitable action, so a court could impute the share of your brother in law.  However, not being on the deed is without more court rulings, a cause not to give him a share.  As he will raise this issue at some point, you really need to present this to the court the right way.... Read More

Here is the deal.  You are selling for below market value, based on your appraisal.  As a fiduciary, you have personal liability for failing to exercise business judgment, like selling for market value.  Since you have no broker or multiple listing, there is no check on the market value.  Accordingly, that is the risk.  To cover yourself, you need to paper why you are taking a lower price, or get a pre-approval from the beneficiaries.  The attorney should help you here.  I am not sure why he is scared of this.  This is not normal, and this is why you have an attorney -- to navigate these kinds of pitfalls, which happen all the time.... Read More

Easements are interests in property and pass on from owner to owner. When you purchased your property your attorney undoubted had a title search performed and you purchased title insurance. As part of this search, they would have had to reveal any recorded easements that burden your land. I recommend that you contact that company and inquire with them if there is a recorded easement. Because you tell me that you see it on the survey would indicate that there is in fact an easement. If one does exist you cannot block ingress and egress to it. If the fence you installed does not limit the use of this easement then the fence can stay.    ... Read More

Not necessarily. You should classify the transfer as an interfamily transfer for No consideration on the ACRIS transfer documents. Since the transfer tax is a percentage of the consideration there should be no tax. The ACRIS documents are now required to record the deed. Most likely you will need either a lawyer to do the transfer or a title company since you will not have access to the ACRIS system.... Read More

It depends on the exact location of the wall. If it a common wall lying equally between you and the adjoiniong property then both owners are responsible for maintainence. If it lies on one parcel only then that parcel is the responsible parcel. Since this wall encircles the entire complex it is most likely the HOA duty to maintain. Check with the title comoany who insured title and they will be able to tell if it is a common wall or just yours.... Read More

Hi Suzanne,   While you may sign the house over to your soon to be Ex, it would be a big mistake to put the property in the names of your minor children as well. If a minor owns property in NY State and the property were to be sold, a Supreme Court Judge would have to approve the sale. Obviously, involving the Supreme Court is a very expensive and somewhat unpredictable process. You could, however, retain a portion of the house with the express understanding that it was being held for the benefit of the children.... Read More

I would contact the creditor and advise them that (1) the estate has no liquid assets, and (2) you are a family member seeking to resolve your relative's obligation provided they will consider significantly discounting the amount owed. You are not required to advise them that you may have plans to sell the property, and I wouldn't volunteer this information. I have had great success in resolving these types of obligations under circumastances such as yours. By the way, the party to whom you are discussing selling the property will obtain title insurance at closing so they need not be concerned about the judgment, assuming you just want to pay it off at closing and not try to settle it for a smaller amount. I think this is not the best alternative, though it is an option.  If you are not represented, feel free to contact me to discuss this further. I am in NY and Westchester and I have expertise in this area. See my listing below on lawyers.com.        http://www.lawyers.com/all-areas-of-law/new%20york/white-plains/attorneys-and-law-firms.html?s=corey%20rabin&ns=y&st=q&form=LHOM... Read More

When a person dies, their property is passed on to others in two ways:  either through a Last Will and Testament, or by Intestacy.  If there is a Will, the person named in the Will must probate the estate in a special court (Surrogate's Court) and be named the Executor of the Estate.  Then, the Executor gathers the assets of the Estate, pays the debts of the Estate (i.e. the debts of the person that died), and then distributes the assets just as the Will provides. If the person died without a Will, he died Intestate.  In that case, a relative goes to court and is named the Admistrator of the Estate.  He gathers the assests, pays the debts and distributes the assets as provided in the law.  There are special rules describing just who can inherit when someone dies without a Will.  Just because your friend wants his grandfather's property does not mean that he is entitled to it.  For example, if the grandfather died intestate and left a wife and child (the friends parent), then the grandson is not entitled to anything.  Likewise, if there is a Will that does not include the grandson, then he is entitled to nothing. Therefore, the first question that must be answered by your friend is "Was there a Will?"  Ultimately, if your friend is entitled to the property (assuming it is real estate), the Executor or Administrator (as the representative of the Estate) would sign a deed to the property.  It may time some time and effort to complete this whole process, and an estate attorney can help him guide the way.... Read More