Full question:
My grandfather executed his Will last year in which he bequeathed his apartment in downtown New York to me. After his death a month back, a person approached me saying that my grandfather had entered into a contract to sell the apartment. He has copy of the contract with my grandfather’s signature. I found a copy of the same contract in my grandfather’s safe. Will there be any problem in me inheriting the apartment?
- Category: Wills and Estates
- Date:
- State: New York
Answer:
In New York, any agreement to convey a property already deposed in a will by the testator will not revoke the disposition of such property and the property will be inherited by the person named in the will but subject to any conditions stated in the contract entered into by the testator. The law is stated in N.Y. Est. Powers & Trusts Law § 3-4.2 that reads:“An agreement made by a testator to convey any property does not revoke a prior testamentary disposition of such property; but such property passes under the will to the beneficiaries, subject to whatever rights were created by such agreement.”
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