Legal Question in Wills and Trusts in New York

Grandmother's Will

I am suppose to get 15% of grandparent's apartment building. Aunt and uncle get first choice whether they want to buy it or sell it. It has been a 1 1/2 years and they are still not sure. I don't care what they do I just want my part and don't want to wait anymore. What can I do?


Asked on 6/20/08, 12:47 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Grandmother's Will

While I agree with Norman, more is involved. You can always apply to the Court for "partition", which has the effect of forcing the other owners either to sell the property or buy you out. As part of that proceeding, you should ask for an accounting of what has happened with the property since your grandmother's death. For example, you would want to know if the property has been occupied, what income it has produced, what expenses have been paid and from what source such payments have been made. As a co-owner, you have been entitled to all of this information, and your share of any profits from rental or losses, if the rents did not cover the expenses. I suggest you retain an attorney familiar with probate matters and real estate, to assure you get all that you are entitled to receive. Since it has been more than a year, you should also request copies of estate income tax returns.

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Answered on 6/21/08, 10:28 am
Norman Nadel Norman Nadel, Esq.

Re: Grandmother's Will

You can apply to the Surrogate for an order to implement the provisions of the Will.

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Answered on 6/20/08, 12:57 pm


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