Q: Who can I report an illegal property sale to, and can it be reported as stolen if family members without legal interest sold it?

A: You will need to hire a NY attorney now to search the title and sue for partition, quiet title, or as to the new owner, ejectment. You may have already been ousted and the other tenants in common have taken your share by adverse possession, especially if you did not pay taxes.

A: You can report the property as stolen. The District Attorney may prosecute, but probably not, saying this is a civil matter. You may want to file a civil lawsuit.

Jack

A: I'm sorry you're facing this situation—it can be deeply upsetting to discover that family members may have transferred or sold property without any legal authority. Based on the facts you've shared, it appears that your late father passed away intestate (without a will), and the property was still titled solely in his name. Under New York law, when someone dies without a will, their assets—including real property—pass to their heirs by intestate succession, but formal legal action is required to transfer title.

Because you and your siblings never filed for administration of your father's estate, no one had the legal authority to transfer or sell the property. Your father's siblings (your uncles and aunts) would generally not have any legal interest in the property if he had children, as New York's intestacy laws prioritize the decedent's children before extended family members. If they sold the house without going through the Surrogate's Court and without being appointed as legal representatives of the estate, the transaction may be invalid or fraudulent.

You should promptly report this situation to the Surrogate's Court in the county where the property is located. You will likely need to petition to become the administrator of your father's estate, since no probate or administration was initiated after his death. Once appointed, you will have the legal authority to investigate the sale, request title documents, and take action on behalf of the estate.

Additionally, if documents were forged or false representations were made in connection with the sale, you should also file a report with the District Attorney’s Office in the county where the property is located. You may also consider contacting the New York State Attorney General's Real Estate Finance Bureau, especially if the sale involved deceptive practices.

Although real property cannot be reported as “stolen” in the traditional sense like a vehicle or object, fraudulent conveyance of real estate can be criminal, particularly if it involved forgery, misrepresentation, or filing false instruments. A criminal complaint can potentially be investigated for fraud, grand larceny, or related offenses.

In addition to these steps, you should consult with an experienced New York probate or real estate litigation attorney as soon as possible. An attorney can help you seek to void the fraudulent deed, recover estate property, and possibly file a lawsuit to address the financial harm caused.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.