You may be able to sell your individual share of jointly inherited property in New York without every co-owner approving the transaction. Your rights and the required process depend on how title is held, whether estate administration is still underway, and whether the property qualifies for New York’s heirs property protections.
How to Transfer Real Estate to Children Without Creating Tax Problems
Transferring real estate to your children can help keep property in the family, but the timing and method matter. A well-intended gift can increase capital gains taxes, affect Medicaid planning, reduce valuable tax benefits, and create legal complications.
Whether you own a family home, a vacation property, or an...
Can an Executor Sell Property Without Beneficiary Approval?
In many cases, yes. An executor can often sell estate property without obtaining approval from beneficiaries, provided the sale is permitted under the will or New York law and the executor is acting in the estate's best interests. However, that authority has limits, and beneficiaries have the right to challenge sales that...
Should You Put Rental Property Into an LLC or Trust?
If you own rental property, whether it should be held in an LLC or a trust depends on your goals. An LLC is often used to help limit personal liability and separate business assets from personal assets. A trust is typically used for estate planning, incapacity planning, and transferring property to beneficiaries....
Can a Landlord Enter a Tenant’s Apartment During an Emergency in New York?
A landlord may enter a tenant’s apartment without prior notice when a true emergency threatens people or property. New York law recognizes that urgent situations sometimes require immediate access to prevent injury or serious damage. In these cases, landlords are generally permitted to enter without waiting for tenant consent. Disputes often...
A Guide for Real Estate Transactions for First-Time Buyers
Buying your first home is an exciting milestone, but it can also feel unfamiliar. Between contracts, inspections, and closing paperwork, there’s a lot to manage before you get the keys. With the proper legal guidance, the process can be transparent, efficient, and rewarding. At Merlino & Gonzalez, we help first-time buyers...
NY Landlord Rights: Right to Access
When is it lawful for a landlord to enter rented property?
NY Landlord Rights: Right to Access Continue reading…
As a landlord, you have certain rights to enter your leased property. Being able to enter the home is critical when it comes to making repairs and inspecting the premises, but entry at just anytime is not...
Foreclosure Defense Strategies: What Homeowners Need to Know
Foreclosure is an unfortunate end to the dreams of homeowners and property owners. However, by using strategic foreclosure defense strategies, homeowners can delay or even put an end to foreclosure proceedings. In every case, contacting an experienced attorney gives homeowners the tailored guidance they need.
Effective Foreclosure Defense...
The Future of Business Sales: Trends in the New Jersey Market
People are retiring by the tens of thousands, especially in New Jersey. According to FocusNJ.org, the Garden State has an aging workforce, with 27% of workers over the age of 55. With so many people exiting the workforce, selling a small business can be complicated.
If you are...
Unlocking the Potential: How to Maximize Your Business’s Value Before the Sale
One of the main benefits of creating a successful business in New York is that you can get value from it one last time if you sell it. This won’t work for every business. But if you have the type of business where you can successfully pass on products or services to...