Bronx, NY asked in Real Estate Law for New York

Q: no will and parents are deceased is it legal for my sister to continue paying mortgage under my mother's name for 3yrs?

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2 Lawyer Answers
Barry Eran Janay
Barry Eran Janay
Answered
  • New York, NY
  • Licensed in New York

A: Not really. The bank should be advised of your parents death and you and your sister are under the rules of intestacy most likely the owners as tenants in common of the property. If you want to sell it you should start an administrative proceeding to get letters of administration in your name and then list it for sale.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Anyone can pay a mortgage and it is "legal". She can pay mine too. Whether she gets any rights in the property is another issue.

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