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Hi, my mother passed away in 1995. She owned a six apartment building in brooklyn, ny. She had been married to someone that was not our biological father for a number of years. She had 5 children. She didn't leave a will. My mother's husband and the 3 brothers and 2 sisters decided to sign the building to our older sister. The brothers and sisters had agreed to sign the piece of paper saying that we agreed to give our share of the building to our older sister. We had also verbally agreed to later-on change the building title to have the building just under our names. In other other words just leaving my mother's husband out of the equation. My older sister now refuses to change the building title to include the rest of the brothers and sister. Is there anything that we can do legally to change the titles to include all brothers and sisters? Thank you.
Optional Information: State/Country of Question: New York Already Tried: We've tried having several conversations with our sister. But she refuses to have the building title changed to everyone's name.
There are specifc trusts and life estate type legal mechanisms used to accomplish what you were trying to do. Even if you could prove that you had a verbal agreement to change titles at a later date, the agreement is likely to be held unenforceable due to a law called the statute de frauds which requires all agreement concerning real property to be in writing. Sorry. JA experts are not permitted to have outside communications with JA customers. However, you may be able to find a real estate attorney to assist you in your area by going to www.lawyers.com or www.martindale.com. Please click “ACCEPT” so I may get credit for my time. If you have a follow-up question or two, I would be happy to address it for you at no additional charge.
If I understand your answer correctly, there is nothing that we can do?
As in the medical profession, you may want to seek a second opinion, but based on the limited facts that you have given me, it is my professional opinion that you are not likely to get very far. http://en.wikipedia.org/wiki/Statute_of_frauds Please take a look at the link above to learn more. If you still have a question after that please feel free to write back.
Experience: 13+ years experience in civil litigation, jury trials, and business law;