Legal Question in Wills and Trusts in New York

house left in will

will left equally divided estate between me and my brother... my brother lives in house and I do not want to sign over my portion...what are options

thank you


Asked on 3/06/09, 9:55 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: house left in will

You may enter into an agreement with your brother that he will either buy you out, or pay you for his use of the premises.

If you cannot agree, you may start a partition proceeding to sell the property and divide the asset.

Mike.

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Answered on 3/06/09, 10:49 am

Re: house left in will

If the will has been probated, the terms of that will control how the property will be divided. If you can't reach an agreement, you can seek court intervention to enforce the property award.

J. Douglas Barics

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Answered on 3/06/09, 12:38 pm


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