Queens Village, NY asked in Estate Planning and Foreclosure for New York

Q: In New York can you update estate administrator paperwork with another heir if you originally checked sole heir?

And if you do will there be any legal repercussions? And if you are in foreclosure and the bank didn't know about the 2nd heir, how does that affect things?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
  • Foreclosure Defense Lawyer
  • New York, NY
  • Licensed in New York

A: There are two unrelated issues. One is the foreclosure, and the other is the Surrogate. Whether an update is needed or more of an issue, both matters need to be reviewed by an attorney. One issue is why it was omitted in the first place.

Barry E. Janay agrees with this answer

Barry E. Janay
Barry E. Janay PRO label
  • Estate Planning Lawyer
  • Florham Park, NJ
  • Licensed in New York

A: You need to get things corrected in the surrogates court and request that the Supreme Court handling the foreclosure action stay that case pending resolution in the Surrogates Court.

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