Legal Question in Wills and Trusts in New York

my cousin lives in ny..her mom died 2 years ago and her will has been probated..her brother is the executor..the only asset is a house that's fully paid for..both my cousin her sister and her brother all live in the house..my cousin wants out but her portion of the inheritance is in the 200000 dollar value of the house..her brother, the executor doest want to do anything and is dragging his feet..does she have any recourse to make him move forward and sell the house and divvy up the money..or can she force him to take out a home equity and buy her out so she can have money to leave and start a life of her own..all three siblings are grown adults over 50 years old


Asked on 7/25/13, 8:29 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

She needs to start a suit for partition. If successful, and no reason she should not be, the house will be ordered to be sold or her interest purchased. Of course, I have not seen the Will and if there are any provisions that might prevent this, they will supercede her legal rights.

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Answered on 7/25/13, 8:56 pm


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