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 »
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
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?
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.
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?
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
There is no date for closing. Each place says thanks for your patience but can’t say when the houses will be completed.
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.
No legal action to enforce breached
stipulation agreement started and party affected not notified of filing
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.
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 »
answered on May 23, 2022
Landlord is breaching the contract. You have right to roof deck, even if it means taking him to court!
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 »
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.
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
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 »
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 »
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 »
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 »
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.
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.
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.
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 »
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 »
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 »
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 »
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 »
i needed one so i had to pay someone else $650. now she wont anwser my calls
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.
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 »
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 »
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 »
answered on Apr 17, 2022
Coops/Condo may adopt more restrictive residency rules than NYC
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 »
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 »
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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