Legal Question in Real Estate Law in New York

Property Not Mentioned In Will

Dear Ladies & Gentlemen,

I live in and own a property with a deceased business partner under a tenants-in-common deed. The estate of the deceased went to probate and was closed in 2001 and her will was read as well with no mention of the property we co-own.

Her son is now forcing a sale of the property through a lawsuit in which he is titled the executor of her estate.

If all the facts listed in the first paragraph are true, is a forced sale legal? Also, do I have any ownership rights?

Thank You, Trevor


Asked on 5/29/06, 3:45 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Property Not Mentioned In Will

A Deceased' Estate DOES NOT have any more rights, title or interest in property, than a Deceased had while living.

Therefore, a "forced sale" of YOUR SURVIVING property interest and share, can occur only if: your " written partnership agreement" provides for same; if, a Separate Court Order for Partition and Sale, is entered, that specifically named you and the property as the subject matter of the Petition; or if your outstanding debt and liens, on the property, compel immediate sale, in order to protect the Estate's interest, etc. against irretriveable loss.

Good luck,

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Answered on 5/29/06, 7:46 pm


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