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TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 12365
Experience:  JD, MBA
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I live in upper state new york i am buying two pieces

Customer Question

hello i live in upper state new york i am buying two pieces of property from my step grandmother that was left to her by my grandfather when he passed away. one piece i have paid off the other piece is almost paid off i have been paying on them for the past five years now i also have paying all the land and school taxes also. she would not sign any thing over untill it was paid in full. i have all the recips for the taxes and payments since day one when i started to pay on them. sadley to say she passed away last week she has one son that lives in north carolina were she didalso he wants nothing to do with the property. she didnt have a will and there was not a excecuter of the state neither. this property has been in the family for many years. the property in is upper new york were i am. do i have any rights still to these two pieces of property before somebody steps in and takes it from me. i have a lot of money invested on these propertys.
Submitted: 2 years ago.
Category: Estate Law
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
Provided you have your agreement in writing, you shouldn't have any problems. Do you have a written agreement signed by your step grandmother?
Customer: replied 2 years ago.
yes i do but its not signed buy a notery or any thing just her her signature. i also pay the paymets directley to her morgage holder with a money order
Customer: replied 2 years ago.
i also called and talked to her morgage holder and they told me every thing was ok as long as the payments r still being made but how do i get the deeds in my name aftr the last payment is made
Expert:  TJ, Esq. replied 2 years ago.
Hi again.
Fortunately, the contract does not have to be notarized in order to be enforced.
When you are finished paying per the terms of the agreement, then you'll have to get the deeds from your step grandmother's estate. The personal representative of the estate will need to provide you with the deeds. If the estate is no longer open at the time, then you can file an action in the probate court to have the estate reopened for the purpose of dealing with the deeds and appointing a new personal representative.
The bot***** *****ne is that the death creates more work for you, but it's still possible to enforce the contract. There may also be a situation in which you would be forced to sue the estate. For example, let's say the heirs attempt to sell the property to somebody else, or let's say the estate is still open when you finish paying off the properties and the personal representative refuses to deed the properties to you. In that situation, you would retain an attorney to sue the estate.
The bot***** *****ne is that since you have the agreement in writing, you can enforce the agreement against the estate.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 2 years ago.
do i have to do this in north carolina or in new york
Expert:  TJ, Esq. replied 2 years ago.
Hi again.
This would need to take place in NY since that's where the properties are located.
Customer: replied 2 years ago.
how do i go abought finding out who her estate or personal representative will be
Expert:  TJ, Esq. replied 2 years ago.
Hi again.
You'll need to check with the court that has jurisdiction over the area where the properties are located. If a probate estate is not opened, then you can open one yourself if necessary when you are ready to have the properties deeded to you.
Customer: replied 2 years ago.
one last question i dont know if she has any outstanding debit out there but if she does will that affect me in any way on these properties being that they r still her assets
Expert:  TJ, Esq. replied 2 years ago.
Hi again.
I apologize for missing your last question.
Any outstanding debts should not affect you since you have contracts to purchase the properties. Outstanding debts would only affect you if you were inheriting them rather than purchasing them.
I hope that helps.