The reply did not work, so I am sending you my next question? Last I knew, an inheritance does not pass on to a wife unless you sell it????, but in either case, his wife is in total agreement. There is only one sister, who also was a co-executor on the deed that might fight it, but this whole matter went before the supreme court already and she lost. Everything goes exactly according to my mothers estate. She even fought the attorney who handled the estate. unbelieveable. I guess in that instance, I will have to take a chance. Although my one sister would sign off if necessary.
State/Country relating to question: New York
Reply to your answer...Janet
There's nothing to fight. Your brother has a right to sign away his interest. As far as his wife, just to explain, in order to pass a clear title in real estate anyone who is married must have their spouse sign the deed. While married the spouse has a marital interest in any real estate owned by the other spouse for the purposes of real estate title and if a married person signs a deed without the spouse's signature there will be a cloud on the title. It has nothing to do with the inheritance laws other than if the person dies the spouse would also have the interest. If someone is doing a title exam and finds a deed transfer where a spouse did not sign it will raise a red flag and the property can't be sold or refinanced until the cloud on the title is resolved. I always recommend having a professional prepare and file any deed that transfers any interest in real estate since once the title is messed up it costs a lot more to fix it than it does to have the work done properly the first time.
25 years experience
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