Legal Question in Real Estate Law in New York

MY PARENTS PASSED AWAY AND LFT MY BROTHER AND I 50/50

OF THE PROPERTY THAT MY BROTHER LIVES IN. MY BROTHER WILL NOT BUY ME OUT HE IS CONTESTING THE WILL. THIS HAS BEEN IN LETIGATION FOR 5 YEARS SHOULD IT TAKE THIS LONG?


Asked on 8/01/09, 9:00 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

No

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Answered on 8/06/09, 9:31 am
Michael Markowitz Michael A. Markowitz, PC

No. And why is he contesting the will? Unless there is a prior will, if the will is deemed invalid then under NY Intestacy laws the property would be divided 50/50.

Mike.

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Answered on 8/06/09, 9:44 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Dave and Mike, adding that it should have been decided already. Is the litigation to contest the Will or your equal ownership? A suit for partition might be considered as an alternative way to resolve the matter.

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Answered on 8/06/09, 12:26 pm


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