Brooklyn, NY asked in Estate Planning and Real Estate Law for New York

Q: My father and his wife both passed away owning a house. Can my father's wife kids sell the house without my brother and

2 Lawyer Answers

A: Depends on the name the house was owned in and the order in which your father and his wife died.

A: In addition to the order in which your father and his wife died and the name on the deed of the house, whether either your father or his wife left Wills detailing who their respective executors were or if someone was appointed the administrator of the estate(s) by the court is also relevant, assuming the only names on the Deed were your father and/or his wife. Under ordinary circumstances, the court appointed administrator(s) or executor(s) are empowered to sell the estate assets without the consent of others such as you and your brother.

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