Legal Question in Real Estate Law in New York

I am a property owner with seven other siblings

Five of the eight are not speaking.Two live in the house owned by eight. No one paying taxes. Our lawyer at the time advised the three of us that it was not our responsibilty to worry about the taxes. That since we did not live in the house. The two living there are responsible for any expenses. Since we became the owner after my mom's passing we have not been allowed in the house. My lawyer told us since we did not want to start a partion action there was nothing we could do. We have already incurred legal fees and everyone else chooses not to do anything so they don't have to pay , but they get to benefit the same without doing anything that's not fair to us three. Is there anything we could do to get them out and have the house sold on the open market?


Asked on 4/07/09, 8:37 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: I am a property owner with seven other siblings

How did you become the owner? What does the deed say? Is the deed still in your mom's name? If yes, then the executor or administrator may commence a summary proceeding fto evict the individuals in the house. However, if the deed is in the name of all 8 individuals, then I agree with your lawyer. You must start a partition action.

Mike.

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Answered on 4/08/09, 8:22 am


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