Legal Question in Wills and Trusts in New York

Re: executrixx of estate

Depending on the language of the Will, as Executrix you may have the right to sell the house. If I could see a copy of the Will, I can tell you if this right exists without Court intervention. In the interim, all bills to maintain and keep the house in repair may be estate obligations, allowing you to use other estate assets to pay the bills. At the worst, you can advance these costs and be reimbursed from the sale proceeds. This is a response to an Internet question and the reply is not to be considered as legal advice or creating an attorney-client relationship. Additional facts not included in the inquiry might produce a different response.

Re: executrixx of estate

If everyone wants to sell the house, by all means sell it at the best price.

Re: executrixx of estate

The short answer is that you may petition the court to sell the house. I strongly suggest that you seek the advice of a local estate attorney.

Re: executrixx of estate

This might not be a complicated problem. Ask the other two if they want to sell the house. If they agree, then get then to put that in writing and then sell the house.

If they don't want to sell the house, then you may petition the court for authority to sell the house. This is not complicated.

You are welcome to a consultation for no fee. Email is best to schedule an appointment.

Re: executrixx of estate

Janet:

My condolences on the loss of your Dad.

As executrix, you have the authority to sell the house and then divide the proceeds according to your Dad's wishes and you should.

Debra

You didn't say whether anyone was living in the house.