Posted on: 18th Nov, 2010 01:25 pm
My father passed away without a will and left a house in Kings County NY. I was told that the house is now heir property, (shared by me, one brother, and one niece,) and we could sell the property without having an administrator appointed for the estate. There are no liens or mortages that we know of. Is it true we can sell the property without having the deed in our names? What would you suggest?
Gennie
Gennie
Hi Gennie,
Unless you and the other owners transfer the property in your names, you won't be able to sell off the property. You and the other heirs should file an affidavit of heirship and get the property transferred in your name and then plan to sell off the property.
Unless you and the other owners transfer the property in your names, you won't be able to sell off the property. You and the other heirs should file an affidavit of heirship and get the property transferred in your name and then plan to sell off the property.
My aunt in NY left her home to my sister and I to share as tenants-in-common as stated in her will. Problem is no one wants to live in NY and there is an outstanding debt as a result of illness, can we sell the property to pay off the debt? I was told that heir property could not be sold, EVER!!
You can contact a real estate attorney and take his opinion in this regard. If both of you agree to sell off the property, then you can go ahead with the deal. The money that you get can be used to pay off the debts.