House inheritance 3 ways

[Wolphe]

My Father passed away 2 and a half years ago and it wasn't until a few months ago I found out that my step mother wants to sell the house, but in order to sell, she needs me and my sister signature as my dad put all 3 names on the house in NYC.

Now my question is, is it possible for my step mother to get around me and my sisters signatures to sell the house? My father didn't leave a will.

 

[Zigner]

My Father passed away 2 and a half years ago and it wasn't until a few months ago I found out that my step mother wants to sell the house, but in order to sell, she needs me and my sister signature as my dad put all 3 names on the house in NYC.

Now my question is, is it possible for my step mother to get around me and my sisters signatures to sell the house? My father didn't leave a will.

No, you'll need to agree to the sale. With that said, do you agree with the sale? Do you expect to receive any of the proceeds of the sale? How, exactly, is the house titled?

 

[Wolphe]

I don't know how the title is written. All I know is a realtor friend said
"Tax bill says it's worth $397k right now. No mortgage shown on the property. I also ran a lien search and there are no liens."

I've been trying to get a hold of my step mother, but yet to hear back from her. My Sister and I agreed that it should be split 3 ways.

 

[Zigner]

My Sister and I agreed that it should be split 3 ways.

The problem is that you really don't know how the house is titled. I would ask your realtor friend to find that out for you and then ask questions. You may find that all three of you are not actually on the title.

 

[Wolphe]

It only shows my fathers name on the title. So how does this work?

 

[Zigner]

It only shows my fathers name on the title. So how does this work?

You will want to research New York intestate succession. From my (admittedly brief) Googling, it seems that step-mom is entitled to the first $50,000 of the estate and then half of the remainder.

 

[Wolphe]

Even though my father and her have been seperated for 10+ years?

 

[Zigner]

Even though my father and her have been seperated for 10+ years?

He was estranged, but not divorced.

 

[justalayman]

It only shows my fathers name on the title. So how does this work?

Given that and no will, your father did not leave the house to anybody.

Your father's estate has to be dealt with through probate. As it stands the wife cannot sell the house. It will be up to the administrator of his estate to deal with.

 

[latigo]

It only shows my fathers name on the title. So how does this work?

"How does this work"?

1. It "works" that whatever vested rights of ownership your father held in the house at the time of his demise REMAINS in his estate! And it is going to stay there until it is properly distributed through some form of probate process - plenary or summary.

2. It "works" that his widow (estranged at the date of his death or not) if she prefers not to take under NY's intestate succession laws, to elect to receive up to $50K off of the top of the net value of dad's estate, plus 1/3 of the remainder. (See: NYCL EPT Section 5-1.1-A)

3. It also "works" to confirm my reaction to your first post. To-wit: that you were acting purposely deceitful in laying this farce on us that "dad put all 3 names on the house" implying that it now held in an estate in cotenancy with you, sister and stepmother as cotenants.

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Incidentally, was there any particular wall on which dad put the three names? Stencil or free hand?