QUESTION
I do not understand item #15 on the papers I was served by my brother
Asked on Jul 18th, 2021 on Wills and Probate - New York
More details to this question:
Our father passed away Feb 2020. Property was deeded to myself & brother & sister in 2004. Brother just served us with papers. So property is owned by 3 people. I want to buy the other 2 out to own house plus the 39 acres. Item #15 says " The judgement in this action will not affect a person or persons not in being ascertained at the commencement of the action, who by any contingency contained in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in the property involved"
1 ANSWER
Estate Administration Attorney serving New York, NY
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Damien Bosco, P.C.
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Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. It sounds your father may have had a life estate in the property and now that he passed the owners/heirs have to determine what to do with the propery. So, it sounds like a complaint has been filed pursuant to Article 15 of the Real Property Action and Proceeding Law: Action to Compel the Determination of a Claim to Real Property. And it sounds like you are referring to language in section 1515(d) regarding complaints and the necessary language to include in them. Generally, that section means that the complaint has to mention whether a judgment could affect an interest of a person not in being (ex: a person not born yet) or possibly another person that could be affected by the action other than the parties named in the complaint. If you need any assistance, a New York Trusts & Estates with knowledge of Real Estate or a Real Estate Attorney with knowledge of Trusts & Estates could help you.
Answered on Jul 19th, 2021 at 5:39 AM