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re: bargain and sale deed

Posted on: 29th Jun, 2011 05:05 am
I am 1 of 5 heirs to my deceased Dad's estate (in N.Y.) as I'm listed on the bargain and sale deed 5 yrs before his passing. My sister is the executrix of the will. We all want to sell the house. As 20% owner, what are my rights regarding this property. We can't agree on anything.

Do I need permission from anyone to:

1. post a "for Sale" sign in the yard or window.
2. clean up the property.
3. list the property.
4. secure the property.
5. make minor improvements to the property.
6. improve/paint the interior.
7. clean the chimneys.
What are my rights?
The taxes are paid until Dec. 2011.
If you cannot agree together then it would be up to the courts to determine the future of the property. Yes you are an owner of the property, but you cannot sell, or encumber the property without the others consent. I would contact a lawyer to get your rights for your specific state and inheritance laws.
Posted on: 29th Jun, 2011 12:56 pm
Posted on: 29th Jun, 2011 04:51 pm
So let make get this right; your saying majority rules? and if they do, to what extent. To the extent their mis-managing the sale of the estate where I'm become the encumbered one at a lost of capitol gain? As 20% owner in the house, can't I petition the courts for mismanagement of the estate? Because I've been basically forced out of the decision making part of the sale.
Posted on: 29th Jun, 2011 04:51 pm
You should contact an attorney and check out if you can file a petition in the courts for mismanagement of the estate.
Posted on: 29th Jun, 2011 09:26 pm
my wife holds title of the house on her name by a quit claim deed signed by me. we want to change it to both parties. what kind of deed we use to record property in both names?
Posted on: 01st Aug, 2011 04:30 am
Mike, I just answered you (I think it was you) here:

http://www.mortgagefit.com/propertytransfer/about52618.html

Please check there.
Posted on: 01st Aug, 2011 09:33 am
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