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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My mother lived and passed away in New York city. I am her

Customer Question

My mother lived and passed away in New York city . I am her sole heir, she owned a house here in ny where i live with no mortgage which I have hired a lawyer and title company to transfer into my name. I haven been advised by my current lawyer and many other lawyers that in new york when the only asset a person has is their house and you are the sole distributee the house can pass to you outside of probate. Which is what i am doing.
At this point I am wondering if her creditors can,
A- put a lien on the home once its in my name andb- Can they actually force the sale of the house?Each card is listed below with the amounts 5000
LL bean 5000
hsn 5000
norstorm 2000
qvc 2000
sears 500I would use this information to decide if i should contact them to arrange payment arrangements. Please help
Submitted: 2 months ago.
Category: Estate Law
Expert:  Bill Attorney replied 2 months ago.

Dear Customer ,

Thank you for your question today and it is my pleasure to be of assistance to you today. The use of this forum will not constitute any lawyer-client relationship but is strictly legal information provided by me to you. After taking my opinion on board, you should further consult with local attorney, who will be able to assess your information based on local laws and a complete interview.

I will do my utmost to answer your question as accurately as possible. If I require additional information, I will ask you and please provide as much as is convenient and possible in your circumstances.

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Well the answer to do this question in New York depends on the title of the property. It differs depending on whether your name was on the title or not.

This is because some assets are considered probate assets and others non-probate assets in New York.

Was the house in the sole name of your mother ? or was your name also included on the title of the property as a co-owner or joint-owner ?

I can answer your question once this is established.



Customer: replied 2 months ago.
did you read my question or just send this generic response
Customer: replied 2 months ago.
perhaps this information may help someone else because you obviously don't know what I am talking about ..... " If the Decedent's only asset is real property (real estate), it may not be necessary to file an administration proceeding depending on who survives the Decedent. By law, real property vests in the Decedent's distributee at the time of death which makes the distributees the owners of the property. It might be a good idea to contact a real estate attorney and the tax office to get more information."
Expert:  Damien Bosco replied 2 months ago.

Hello. New expert here. My name is***** am an New York Attorney. If you continue to seek help on your question, please let me know. Thank you.

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