Can house be sold without court approval?

[DavidNJ]

What is the name of your state (only U.S. law)? NY

My mother, who lived in NY State, passed away in January. She did not have a will but all of her assets except her house were in joint ownership with her two children. I have been appointed administrator by the surrogate court. I know the remaining assets (i.e., the proceeds from sale of the house) cannot be distributed for seven months, but I wonder what I can do in the meantime. Can I sell the house and put the proceeds in an account for the remainder of the seven months or do I need the court's approval to do that?

 

[tranquility]

What is the name of your state (only U.S. law)? NY

My mother, who lived in NY State, passed away in January. She did not have a will but all of her assets except her house were in joint ownership with her two children. I have been appointed administrator by the surrogate court. I know the remaining assets (i.e., the proceeds from sale of the house) cannot be distributed for seven months, but I wonder what I can do in the meantime. Can I sell the house and put the proceeds in an account for the remainder of the seven months or do I need the court's approval to do that?

See:
http://codes.lp.findlaw.com/nycode/EPT/11/1/11-1.1

 

[HomeGuru]

What is the name of your state (only U.S. law)? NY

My mother, who lived in NY State, passed away in January. She did not have a will but all of her assets except her house were in joint ownership with her two children. I have been appointed administrator by the surrogate court. I know the remaining assets (i.e., the proceeds from sale of the house) cannot be distributed for seven months, but I wonder what I can do in the meantime. Can I sell the house and put the proceeds in an account for the remainder of the seven months or do I need the court's approval to do that?

**A; is this not a probate matter?

 

[latigo]

What is the name of your state (only U.S. law)? NY

My mother, who lived in NY State, passed away in January. She did not have a will but all of her assets except her house were in joint ownership with her two children. I have been appointed administrator by the surrogate court. I know the remaining assets (i.e., the proceeds from sale of the house) cannot be distributed for seven months, but I wonder what I can do in the meantime. Can I sell the house and put the proceeds in an account for the remainder of the seven months or do I need the court's approval to do that?

I’ll tell you what to do. Read the following Sections of New York’s Consolidated Laws on the matter of the dispositon of real property pending probate and let me know if you think you are capable of administering your mother’s estate sans legal counsel by relying on the advice of total strangers.

Surrogate's Court Procedure
SPCA § 1901. Real property subject to disposition; "disposition" and "fiduciary" defined 1. The court may authorize or direct the disposition of a decedent's real property or any interest therein for any of the purposes set forth in the succeeding section. The court may entertain an application for disposition under this article even if the proposed disposition is or appears to be authorized by the will or by a statute. 2. Disposition of the real property of a decedent within the meaning of this article includes: (a) Sale, (b) Mortgage, (c) Exchange, (d) Lease, (e) Confirmation of a prior lease made without court approval, (f) Release of the right to an award for the taking of real property by eminent domain, and (g) Transfer to a spouse or other beneficiary in full or partial satisfaction of the interest or share of such person in the decedent's estate. (h) Enter into possession of any real property, receive the rents thereof and apply them as directed by the court. (i) In the event the estate of a decedent is the owner of an estate in common in real property, the executor or administrator may bring a partition action or intervene in a pending partition action on behalf of the estate, if, upon application duly made, the surrogate approves. 3. The term "fiduciary" as used in this article does not include a trustee, guardian, donee of a power to manage during minority property vested in an infant or a voluntary administrator.

SPCA § 1902. For what purposes real property is subject to disposition The real property may be disposed of for any or all of the following purposes: 1. For the payment of the expenses of administration. 2. For the payment of funeral expenses. 3. For the payment of the debts of the decedent, including judgment or other liens, excepting mortgage liens, existing thereon at the time of his death. 4. For the payment of any transfer, estate or other death tax. 5. For the payment of any debt or legacy charged thereupon. 6. For the payment and distribution of their respective shares to the persons entitled thereto. 7. For any other purpose the court deems necessary.

 

[DavidNJ]

I’ll tell you what to do. Read the following Sections of New York’s Consolidated Laws on the matter of the dispositon of real property pending probate and let me know if you think you are capable of administering your mother’s estate sans legal counsel by relying on the advice of total strangers.

Thanks for the pointers to references. I get the impression you have an attitude problem and can't spell.

 

[Zigner]

Thanks for the pointers to references. I get the impression you have an attitude problem and can't spell.

He can spell just fine. You, on the other hand, have difficulty reading.

 

[DavidNJ]

He can spell just fine. You, on the other hand, have difficulty reading.

Why bother to troll this website if you're going to cop an attitude when someone asks a question? That's certainly not going to result in a client.

 

[Zigner]

Why bother to troll this website if you're going to cop an attitude when someone asks a question? That's certainly not going to result in a client.

Client?




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[HomeGuru]

He can spell just fine. You, on the other hand, have difficulty reading.

**A: I like that so much it made me not click the like button this time.