As described elsewhere (MPSIMS I think) my mother passed away in May, and when it seemed like nothing was being done to sell the house which had been pre-bequethed to each of us, I decided and found the time to come to New York (Long Island) for 11 days, which of course includes July 4th and how many professionals take the whole week off.
At first it was just one contentious brother. Now the oldest (who is the executor) took out all his grief at the unfairness of life upon me and will not even disclose the estate attorney that (he thinks) I can grant power of attorney to.
I am returning to the UK on Monday and I know, just from dealing with Franklin Templeton where I only needed to find a notary - who are everywhere in the USA yet for even that, in the UK, are far and few between.
Not only that, to grant POA from the UK I need a “Medallion Signature” which costs $600 and takes two months.
I’m not even sure if the estate attorney (whose name I am not getting) can do this - yet probably. Should I just -get an attorney-? while still in the USA of course.
The house belongs, deed-wise (no probate) to each of us 1/3rd.
To sign documents with the realtor I did not need to sign anything, to my surprise as it also meant the middle brother who lives a short centerfield toss away, also didn’t sign and AFAIK doesn’t know I am here.
I thought for the closing, someone with power-of-attorney would need to sign for me. It’s 1/3rd my house - how can I not be represented somehow (either being there or appointing someone)?
In the US power of attorney does not require an attorney. It’s something a notary can help draft, and just involves appointing someone you trust to sign documents on your behalf. Whether that is an option for real estate transactions in NY state, I don’t know.
This I know. Yet now I’m out of brothers I can appoint this POA to, and the oldest/executor who is a paralegal says the estate attorney can do it, yet will not disclose his name.
It’s super-easy to appoint POA - even to you ASL_v20 though it might be helpful if you lived in New York. In the UK, it’s incredibly costly and time-taking to appoint POA to someone in the USA.
ETA: maybe not “super easy” esp given July 4th, and I need to find disinterested witnesses, yet comparatively let’s just say it’s preferable.
So now my older brother the executor took all his woes out on me. I am the cause of everything bad in his life. I cannot do anything good with these two brothers,
I merely asked him who the attorney was and he replies (blot outs mine)
The lawyer who drafted the will is some lawyer at some firm PLLC. Call him at (631) -* right now at 9:30pm and wake him to tell him how important you are, and how much law you know from watching TV. Or visit him at someplace not really close, and tell him in person how a power of attorney works at a home closing.
So what, it’s not needed? I own 1/3 of a house and don’t need to sign for anything whatsoever?
that my signature is not necessary at the closing. I would think if I wanted to impede the sale of the house, withholding my signature would accomplish just that. I have not signed a document stating I wish to sell the house in any form.
The house is not in probate (irrelevant I think) - it already is 1/3rd of each of ours. I can see how the realtor could put the house up for sale with only his signature yet I don’t see how we can go to closing if the terms are not agreeable to all of us, and that all of us do not need to sign. The estate attorney is not my attorney (I have none yet but that may change even if I have to miss my return flight) yet I will do what this brother said and contact him later today (not “wake” him at 9:30 PM - these are the words to me of someone who has lost it).
He took posession of my $1,100 suit and $500 leather motorcycle jacket before I had announced I was coming here - so ostensibly to ship it to me. I am going to ask him in an email if he will still do that or just be a thief and fiend,
I suppose I could at least delay things as the realtor’s photographer is to come this week and it’s not a good look (to the realtor) if I refuse entry.
I’ve asked him if he will in fact ship the suit and jacket to me. Considering the dimensions, even something from Home Depot would need some refining or are there such things as “suit boxes”? I told him all I need is a weight and his choice of shipping company and I’ll send a PDF label.
ETA: Or maybe they can be wrapped in some garment bag? I had left enough weight to take them back in my luggage so hadn’t considered how they’d be shipped.
ETA2: The estate seller is coming today and the brother was supposed to be here too. Apparently his signature will be required so there’s all kinds of wrenches to be thrown into this mix.
That makes it a bit more complicated, I think. It might actually be simpler if it was in probate. Unfortunately, at this point, I worry that asking you for further details and then making a suggestion would come dangerously close to giving legal advice that I am not qualified to give.
As I said, I reckon it would be irrelevant (though a longer process) if the house were in probate and the will gave 1/3rd to each of us.
The other brother had already googled some legal stuff and threatened us that he will sell his 1/3rd if we do not reply to him by July 9th and/or put the house up for sale - which is going to officially commence July 7th. The other brother/executor can stymie things by not cooperating with the estate seller (only myself and his daughter are in the will for the contents yet his signature is needed for the HOA I think, yet is needed as the estate seller is coming later today).
I need to talk to the estate lawyer. I may need a lawyer (in the USA - as mentioned solicitors in general in the UK have no real power in the USA - only documents with expensive “Medalliion Signatures” carry any weight in this country). . I will also have spoken to the realtor and I reckon I’ll need to disclose to the estate seller that this is now being made unnecessarily difficult and might scare him off.
I am not a lawyer, and do not live in NY.
I did, however, work closely with an estate attorney last year for power of attorney documents for my parents, before my mother passed away.
A few thoughts -
You don’t need his lawyer for POA. You need your lawyer, and the person you are designating. You can (probably) have a LIMITED power of attorney drawn up, specific to the estate, or the house, so that it frees you up for this issue without handing away power over other things in your life. But it’s important to have an attorney with your interests in mind, not just a notary. The notary just says “I verified this is the person he said he is when he signed the document.” The lawyer will make sure it’s the right document and properly protects you.
Owning (or having the rights to) 1/3 of the property is not the same as being required (or even allowed) to be involved with the sale. It depends on the wording. Things like and vs or happen. For instance, my sister and I are each 50% custodians of our family trust, as trustees. It’s specifically written that either of us can make decisions without the other involvement, because we trust each other completely and want to make it easy for us. It’s possible that you have the right to 1/3 of the value of the house but do not need to be involved in the sale of it, and that the executor needs to handle the sale to convert it to money for distribution. Or not. Again, that’s where lawyers would come in.
Good luck. I’m handling all this locally with friendly family, and it’s still a lot of work. I can’t imagine dealing with it from across the pond, with antagonistic people.
Thank you. I said much the same as what you wrote in 2 to my niece: Both of us are really 100% owners of the property contents - she does not own half a couch, TV, etc.
The estate seller might need her signature - I told her I believe that is a slight possibility. And not a difficult one.
The main problem right now is the executor needs to sign, for what I believe are HOA purposes, the same estate sale document I (and possibly my niece) does.
He wrote back to me that he will be “Trapped” into coming from Queens multiple times if he meets the estate seller, with whom he must absolutely meet with whether it be here or Queens. I asked him how I can help shipping my suit and leather jacket, and he jumped to the conclusion that I was going to have him arrested for theft.
I am not a psychiatrist, yet it seems to be the pressure of all his paralegal pro-bono work has made him at least paranoid.
I made no mention of the clothing, yet asked him to reconsider coming out today. If he feels “trapped” he can leave. Which of course blocks everything.
I have arranged with a neighbour, a former Sheriff and friend of my mothers, to let what (I will find out today) I believe only two more people into the house (the realtor has her own key and she too could help out with letting estate seller people in as it’s in her interest).
I guess I’ll just say this: from what you’ve said, it’s unclear to me who has title to the home and by what mechanism it was transferred to you if you are in fact a one-third owner. What does “pre-bequeathed” mean?
My mom is now in assisted living. She made me (eldest daughter of 3) her POA. I’m paying her bills, signed the paperwork at the closing of her house sale, etc. I was told that once she dies the POA is no longer valid. That’s when the executorship kicks in (which I am also). So I’m not sure a POA is what you’re looking for. We live in MN.
I am not a lawyer, but I don’t quite see how power of attorney is relevent here?
As I understand it, a POA grants the right to make decisions on behalf of another living person, which is not the case here.
You say the house belongs by deed to the three of you: but does the deed make that 1/3 ownership explicit? And the house is not covered by a will or in a trust?
I am pretty sure that a house with a title in multiple ownership cannot be sold without the signatures of all owners. On the other hand, unless there is some written agreement, getting your share of the sale proceeds may be problematic.
It seems to me that you definitely need a US lawyer licenced to practice in the appropriate area to represent you in this.
It is always difficult dealing with assets after a death if family members are uncooperative.
Good luck!
FWIW: I was a part owner of a property (SC), and I bought out one of the other owners some years ago. I’m pretty sure that in our case the other owner could have sold his interest to anyone without my blessing, and I would have been half owner with the new property owner.
That is my sticking point as well. Are all three on the deed? Or is it left to all three in the will? The former requires that all three sign off at sale of the property. The ladder doesn’t, the estate is the seller and the executor signs and distributes the funds accordingly.
As for all three on the deed, I believe since Covid it has become acceptable to do house closings by a zoom meeting and papers are signed electronically. Not sure about New York law.
Interesting point. I am not at all familiar with the details of house titles, and it may well be that it depends critically on the exact wording and the small print?
My father made all four of us siblings co-executors. Would have been an absolute nightmare if we didn’t get along. As it turned out, the other three agreed to have me handle everything and just signed where I told them. And I did use a lawyer for the big stuff.
Key here is the meaning of “pre-bequeathed” - was the title actually put in the three names? In that case the executor has no special power here because the house is not part of the estate. Otherwise the executor has a lot of power and is responsible for distributing assets in accordance with the will, including liquidating assets as necessary.