Asked in Real Estate Law for New York

Q: Property in NYC, there are 3 beneficiaries in the family, equal parts-myself, mother and brother. I am the executor of

The estate, citizen in the US, my brother and mother have no permanent residency. My brother signed a contract with a real estate behind my back. Does that contract is even valid provided I’m the one with Letters of Administration issued by the Queens Court. Also, when completing possible sale, is my signature the only one required on the contract, or all 3 of us?

To clarify, there was no will leftover by my father, and the property ownership was then signed over to all 3 of our names by the court. The Letters of Administration were issued to me, as I understood it since I’m the only permanent resident in the US. Thus far I was asked to sign for any paperwork we had to deal with.

Does it change things in terms of persons presents in the future sale?

Thank you

Thank you

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

A: Brothers contract is not valid. Whether only your signature is required depends upon the terms of the will and how the property was titled. If the property was left to the three of you, a sale requires all three signatures.

Elaine Shay
PREMIUM
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: You mention being the Executor but then say you have Letters of Administration. Executors are named in probate proceeding where Letters Testamentary are issue pursuant to a will and not in an administration where there is no will. Best to consult with a local attorney in person to assure the information you are seeking is responsive to your actual circumstances and not a guess based off of contradictory infomation.

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