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My brother sold my fathers house after he passed away. He said he was going to sell my dads house and wanted my sister and I to sign a document stating we have no rights to the estate...we did not sign. Now, we found out the house has been sold. We haven’t seen a lawyer, no money had been paid to my sister and I. How could my brother sell my dads house without our sign off, as well? Can he just take the money from the house? If not, who do I contact to make it right?
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Damien Bosco, P.C.
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Hello. My name is Damien. I am an attorney in New York City practicing in the New York City Metropolitan Area handling Trusts & Estates.
You mention that your brother sold your deceased father's home. In order for an heir to sell or transfer real property that is solely titled in the decedent's name, the heir has to be the personal representative of the estate of the decedent. To sell a house that is solely in the name of the decedent, the executor, if there as a Will, would petition the court to probate the estate; or if no will, an heir would petition to become the administrator of the estate. After court issues letters permitting representation, the personal representative can take steps to collect and distribute assets, which could include selling assets.
Other heirs, such as other siblings, would get notice of the estate proceeding through a citation. Those heirs would share in net proceeds of the estate either as set forth in a Will or through by the intestate statutes.
Generally, when there is a question as to the handling of an estate, an heir can request or demand an accounting of the estate.
If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com
Answered on Feb 09th, 2021 at 5:36 AM
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If the court appointed your brother executor or administrator, he had the authority to sell the house, pay the debts and distribute the rest. In most states the executor or administrator is required to file an accounting with the court within a certain period of time (say, 15 months) following his appointment and, if he does not make distributions within a certain period of time (say, 24 months) following his appointment, the beneficiaries or heirs can ask the court to replace him. Check the file of the local surrogates court for dates and filings.
Answered on Feb 09th, 2021 at 5:11 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.