Legal Question in Wills and Trusts in New York
I inherited a home with my sister and brother. We are now tenants in common. My sister and brother will not get out of the house. My father's estate is still intact and being challenged by my sister. My other brother who is the executor of the estate is having my father's lawyers for the estate pay the legal fees. However, I will have to pay for my own legal fees in order to get a partition action against my brother and sister. They will not move out. Is there anyway I can make my father's lawyers for the estate pay for my legal fees for the partition action?
2 Answers from Attorneys
Q. Is there anyway I can make my father's lawyers for the estate pay for my legal fees for the partition action?
A. No. The partition action has nothing to do with the estate. However, the estate may not pay for any other individual's legal fee for the partition.
Mike.
I agree with Mike. The partition action is independent from the estate matters, although it derives from the estate and the differences between the estate beneficiaries. This is a response to an Internet question and the reply is not intended to be legal advice or as creating am attorney-client relationship.
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