Legal Question in Real Estate Law in New York

In a Partition Action in NY where, 2 parties (heirs) cannot agree to terms of a will and an estate is forced to go this route for sale of property and one party has a 10% interest, the estate has 90%. Is the sale open to the public for bidding on the property?


Asked on 11/20/14, 7:18 am

1 Answer from Attorneys
kevin connolly Kevin J. Connolly

This is confused, because one does not normally partition property that is still in probate. In a partition action, the sale is a Judicial Sale, i.e. public. But if the estate sells the property in order to distribute the proceeds to the heirs, it is usually a private sale. You need to get the facts straight and either ask me a followup question or re-post on the board.

Read more
Answered on 11/21/14, 1:35 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York