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, if a testator (like your grandfather) makes a will that includes property, any prior agreement to sell that property does not automatically revoke the will. Instead, the property will still pass to the beneficiary named in the will, but it may be subject to the rights established by the sale contract. This is outlined in N.Y. Est. Powers & Trusts Law § 3-4.2, which states that an agreement to convey property does not revoke a prior testamentary disposition of that property.
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