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New York Real Estate Law Questions & Answers
3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: My mother passed away and had 4 children. What's the easiest process to get her house sold and have proceeds split?

The house is in her name, her live-in boyfriend has a few bills in his name but not on the house.

She did NOT have a will.

The house is in semi-okay condition. It needs a lot of work. I would like to know how/when I should get the process started for putting her house on the market... Read more »

Jack Mevorach
Jack Mevorach
answered on Jul 2, 2022

A proceeding must be filed in Surrogate's Court to have an Administrator appointed as fiduciary of the estate. The Administrator can have the house sold and divide the proceeds.

Regarding the sale of the house, Have a free telephone consultation with counsel.

Jack

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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Does Rights of Survivorship pertain to the property deed and/or recorded mortgage?

Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?

Michael David Siegel
Michael David Siegel
answered on Jun 27, 2022

I think I understood your question until the 1 of four point. You went from two people to four people. I would need more information, or better yet, have a lawyer look at the documents.

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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Does Rights of Survivorship pertain to the property deed and/or recorded mortgage?

Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?

Jack Mevorach
Jack Mevorach
answered on Jun 27, 2022

Rights of survivorship are generally applicable to deeds, whether by tenancy by the entirety or joint tenants with rights of survivorship. Ancillary Promissory Notes and Mortgages would need to be analyzed independently.

Jack

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1 Answer | Asked in Real Estate Law for New York on
Q: Hello, I am building a home in NC and SC They are each past the dates of completion.Can I get my money back? Andrea

There is no date for closing. Each place says thanks for your patience but can’t say when the houses will be completed.

Elaine Shay
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Elaine Shay
answered on Jun 17, 2022

The laws in different states can vary substantially. Therefore, as these properties are not in New York, your question would be better directed to attorneys in the states where the properties are located.

1 Answer | Asked in Divorce, Contracts and Real Estate Law for New York on
Q: How to remove a pendency action , filed on a breached , non compliance and in contempt of divorce stipulation of 2016

No legal action to enforce breached

stipulation agreement started and party affected not notified of filing

Michael David Siegel
Michael David Siegel
answered on May 29, 2022

A notice of pendency expires after 3 years if not extended. A motion is required if a title company is requiring it, and the other side does not consent.

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: Landlord says I'm not allowed on roof of apartment advertised as having "private roof deck"

I recently signed a lease for an apartment that was advertised as having "private roof deck". The posting went as far as including staged photos of said roof-deck furnished with patio furniture.

The roof has only one entrance through a door inside the apartment.

The... Read more »

Gary Lane
Gary Lane
answered on May 23, 2022

Landlord is breaching the contract. You have right to roof deck, even if it means taking him to court!

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Rent is being increased from 1950 to 3500 with no written notice. What can I do? Lived in the home for 12yrs on LI.

The current lease that I have signed by the owners of the home is dated 2012. One of the owners has passed away and the second owner is bed-bound and dying. The wife has hired a broker and the broker is making all the decisions on the home. When speaking with the broker she states that all the... Read more »

Elaine Shay
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Elaine Shay
answered on May 20, 2022

Unless you have a current lease or live in rent regulated housing, there is no restriction on the amount that a landlord may charge for rent. However, in 2019 HSTPA was enacted state-wide and landlord's are required to give written 30-90 day notice of rent increases of 5% or more.

2 Answers | Asked in Real Estate Law and Probate for New York on
Q: MY FATHER RECENTLY DECEASED. HOW DO THE REMANING SIBLINGS HAVE THE RIGHT OF THE HOUSE.

THE DEED IS IN BOTH MY MOMS AND DADS. THE KIDS ARE NOT ON THE DEED. HOW DO WE PROCEED WITH THE CHANGE OF DEED WITH THE CHILDREN NAME ON IT IN CASE OF MOTHER PASSES AWAY. HOW DO WE INSURED THAT THE PROPERTY IS RIGHTFULLY OURS

Benjamin Z. Katz
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Benjamin Z. Katz
answered on May 19, 2022

If the property was acquired by your parents during their marriage, it was probably owned as a “tenancy by the entirety”. That means when your father died, your mother was automatically 100% owner. There are several options to make sure it goes to the kids upon her death. She can sign a new... Read more »

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1 Answer | Asked in Real Estate Law and Elder Law for New York on
Q: How can I get my father’s home in PR in my name?

In 2010 , my father built a house in PR. He had a stroke in Oct 2021 which left him unable to stand or talk. He lives with me in NY and I have a POA for him. He needs to apply for Medicaid quickly so he can get full time home care but hasn’t because we are trying to protect the house. I didn’t... Read more »

Elaine Shay
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Elaine Shay
answered on May 6, 2022

New York has a 60-month Medicaid Look-Back Period for Institutional (nursing home) Medicaid that immediately precedes one's Medicaid application date. During this period, Medicaid checks all past asset transfers to ensure no assets were gifted or sold under fair market value. However,... Read more »

1 Answer | Asked in Real Estate Law and Legal Malpractice for New York on
Q: What can I do?My NY buyers attorney drew up sales paperwork stating that my buyer made an Ernest deposit when he didn’t.

My attorney says there is nothing I can do. I can’t believe I can be provided with real estate sales paperwork to sign stating that the attorney collected the money when he didn’t. Should I have been informed and what can I do. My buyer backed out of the deal with proven false reasons and my... Read more »

Michael David Siegel
Michael David Siegel
answered on May 6, 2022

Something is fishy. However, you do not have to return money you do not have. If the lawyer said money was in escrow and it was not, he can be disbarred. Escrow accounting is a big deal.

1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: Can my parents gift equity of the home we are buying from them to our son as well?

My husband and I can get gifted $16,000 each and from each parent without triggering any gift tax. The total gifted equity amounts to $100,000. If we can include our son as well then we could have $96,000 untaxed.

Michael David Siegel
Michael David Siegel
answered on May 4, 2022

You are missing a key concept. There is a unified credit. There is no gift tax on any amount in this range. You are mixing lifetime giving with annual giving. If you have no idea what I am talking about, get a good lawyer or accountant for whatever you are doing.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: How do I relinquish all responsibility for land received by forced inheritance?

My grandmother died a few years back and my father and three siblings inherited the property. My father no longer wants his share of the land but my uncle and aunts still want their shares of the property. What is the process to go about so my father no longer has any bearing to the land? This land... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

He can deed his share over to his siblings.

1 Answer | Asked in Real Estate Law for New York on
Q: What can be done about a pile of junk that was left on a purchased property?

I discovered it when looking at property I purchased in the fall. It looked mostly like old flower pots, unused landscaping materials and an old tire on a rim. I told the selling agent who assured me it would be removed before the closing. It took me the rest of the fall and into winter to move and... Read more »

Gary Krim
Gary Krim
answered on Apr 25, 2022

Unfortunately there is little you can do once you closed on the purchase. While the contract likely had a requirement for the seller to deliver possession of the property vacant and broom clean, that obligation typically ends at the closing. Your contract might allow for this requirement to survive... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: renting question when owner is selling house

I rent an apartment in a house, no lease- month to month. the owner is selling house. She wants to send open house viewers into my apartment now and i am worried about covid. She said it would be second viewers only, but isn't following through with this. Is this fair? Do I have any rights? I... Read more »

Elaine Shay
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Elaine Shay
answered on Apr 25, 2022

A landlord is not required to share information regarding plans to move from or sell the property they own. Unless a tenant has a lease or is a rent regulated tenant, a landlord does not usually have to have a reason to ask a tenant to move. When selling a house, landlord's are not required... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: i pd for an appraisal and I never got it, she told me she sent it to my atty. I dont have an atty. and she wont send it.

i needed one so i had to pay someone else $650. now she wont anwser my calls

Michael David Siegel
Michael David Siegel
answered on Apr 22, 2022

You can bring a small claims suit.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: My grandma died and left no will for her property and land in Jamaica, WI. I live in the US. What do I need
Elaine Shay
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Elaine Shay
answered on Apr 20, 2022

If your grandmother resided in Jamaica at the time she passed, the laws of Jamaica determine how her property will be distributed. Therefore, you should seek counsel in that jurisdiction.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Renting in jamaica queens apartments Please help with my notice for not renewing my lease without cause?

I am been asked to find new apartments and given 3 month notice stating my lease will not be renewed. I do not know the reason why they are saying so and we are finding it hard to find new house to buy or rent in this market. I have baby with special needs and i do not know what to do. I want to... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Apr 20, 2022

The landlord is not required to renew or extend a lease or state a reason for seeking to terminate a non-regulated tenancy. However, if you do not vacate by the date specified in the Non-Renewal Notice, the landlord must obtain a judgment of possession through the courts before you can be evicted.... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Can I Airbnb my owned apartment for more than 31 days in NYC?

I'm the owner of a residential apartment in New York City in a 45-unit condo and I want to know if our rules are in conflict with owner's rights to sublet. "GUEST POLICY Under the New York State multiple dwelling law, a residential multiple dwelling can only be used for what is... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Apr 17, 2022

Coops/Condo may adopt more restrictive residency rules than NYC

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
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
Gary Krim
Gary Krim
answered on Apr 18, 2022

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,... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: My lease is ending soon (rent-stabilized + preferential rent rider in lease). With HSTPA, can my landlord raise my rent?

My lease is ending on June 30, 2022. It was for 1 year and 3 months, with the 3 months being "free" due to rental concessions. I am worried that when our landlord gives us the 90 day required notice of renewal on April 1, it will try to increase our rent exorbitantly after looking at... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2022

I'm sorry your question remains open for three weeks. You could try reposting and adding "Landlord-Tenant" as a category. There's no guarantee all questions will be picked up, but you could have better chances of a response there. Good luck

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