Q: If wife signs a deed as executor when no estate was ever filed or executor appointed is it valid to transfer real estate
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- New York
- (212) 481-1775
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- Answered
A:
If no estate was opened, your wife did not receive Letters Testamentary and therefore cannot act on behalf on behalf of the estate, which includes signing a deed.
Your wife, assuming she is the named Executrix in the Will must submit the Will for probate in order to receive Letters Testamentary, which would allow her to sign the deed.
Steven Warren Smollens and Jack Mevorach agree with this answer
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- New York
- (845) 727-7727
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A: The answer is not clear from the facts you provide. It is hard to speculate as to whether it was effective or not. Was there a will, is the property located in NYS? Who else was named on the deed. . . . you need to pull the deed and speak with a real estate attorney. If there was a will, you need a copy of that too.
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