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