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