Legal Question in Real Estate Law in Connecticut
Partition out of or force sale in Probate and why ?
I am co-executor of my mothers estate with my sister where we are equal beneficiaries and the will does not -mention- sale of assets. Anciliary in CT due to a unmortgaged/no lien condo house. CT probate can have final account/cert of devise filed at this point by our Estate (Joint) lawyer. CT house has very high annual costs of 20k but the entire house is only worth 180-240. I want to extract max value from the house. She is admitted to the bar in NY and CT (though works really in corp finance) wants to keep me in the house to pay 1/2 expenses. We both live in NYC though she may move to the house. I can pay 240 cash in partition if necessary. NY assests far below 180 and mostly distributed.
1) Should I partition or force a sale in probate and why ? (she seems to be willing to sign CT final account)
1a) Can probate judge get a sale done without her approval and without removing her? If not how could a sale be forced ?
1b) How can condo board right of first refusal interfere with partition ?
1c) As a co-tenant, suppose I dont pay total 100k in expenses for 10 years, could I then quitclaim or something and certainly have no more liability if house then worth200k?
1 Answer from Attorneys
Re: Partition out of or force sale in Probate and why ?
Why don't you ask your lawyer?