Hollywood, FL asked in Estate Planning and Real Estate Law for New York

Q: Is an estate responsible for fixing a leaking roof that was pre-existing prior to the beneficiary signing the deed?

A home that is part of an estate has a leaking roof, as well as missing shingles, and a leaking chimney. The executor of the estate knew many weeks ago that the roof, and chimney had a leak when the home was appraised approximately 3 months prior. The executor did not share this information with the beneficiary that will being taking possession of the home. Can the estate be held responsible for the roof, and chimney repair prior to the beneficiary taking possession of the home, as well as prior to their signing of the deed?

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: If this was a specific bequest, the estate is not responsible. You get what you get, as is. If it was a sale by the executor, the contract governs.

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