Legal Question in Wills and Trusts in New York

Can executrix sell house left in will

Dad left 2 family house to 3

sibblings. I''M dad oldest i got 50% the other two sibbling

ea got 25%. The other 2 sibbling won't help with property taxes, water bills etc. I'm executrix of my dad will.Now before this house go into foreclose can I (executrix) get the judges

permission to sell. My sibbling wants to live free

and the taxes will build up

noone wants to pay. soon we

will loose this house. Can I sell without their permission

being I''m the executrix, and

the house is falling down, noone wants to buy noone out,

so what can the executrix do.

I myself, oldest daughter can;t

afford to pay all taxes by myself.don't have have rights

We alllive in the house,What can I do about selling?

Thank You

Jeanette


Asked on 8/15/06, 1:16 am

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

Re: Can executrix sell house left in will

Without reading the rights given you under the Will, I believe you have the right to sell it and the Court can order the sale. If you advance any funds to cover the operating costs (taxes, insurance, utilities, etc.) you are entitled to be reimbursed from the sale proceeds. You also have the right to charge rent to the sibling living in the house, and anything the sibling owes can come off his/her share of the sale proceeds. This is a response to an Internet question and the reply is not to be considered legal advice or as creating an attorney-client relationship. Different or missing facts could produce a different response.

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Answered on 8/15/06, 11:25 am


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