Legal Question in Wills and Trusts in New York

Executrixx
My dad has passed on, I'm his oldest daughter/executrixx of dad will. Dad left 2 family house to 3
adult children, I get 1/2 other 2 sibblings share 25% ea. The other
2 sibblings, won't help out in the
house, and refuse to pay any property taxes, water bills etc. I can't buy them out because I have bad credit. I also have Durable power of attorney for my dad. The
will was not probated yet. The house 2 family is about to fall down
Don't want to walk away from this house and not profit some what.
My other 2 sibblings don't care about the up keep of this house, my
brother is a junkie, who don't work.

As executrixx of my dad will, can I petetion the judge to have this house sold? this way all 3 of will walk out with some money, 2 sibblings won't talk to me or help
out with any bills. The basement is
about to cave in. Please tell me if I
can petetion the court to sell this old
house, bouhgt in 1965, the 2 sibblings won't help with any bills, I cAN'T afford to take care of it by myself. I live upstairs.2 sibb live down stairs, what can i do if they won't cooperate ? As executrixx, can I petition the judge to have this
house sold.

Thanks

Asked on 3/07/07, 6:29 pm

2 Answers from Attorneys

Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

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Re: Executrixx

Yes. You may petition the court to allow you to sell the house. However, you may not even need court permission, depending on how the will is written. I suggest that you consult an attorney about these issues. If you wish, you may contact me for help.

Answered on 3/07/07, 6:45 pm

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