Legal Question in Wills and Trusts in New York

Re: In lieu of ''pursuing '' a probated will

There are a lot of variables in your question.

First. Did the Executrix deed the house under the terms of the will? If the Executrix did not deed the house, you cannot have a partition action since the house is still with the Estate. Instead, you would have to "force" the executrix to comply with the terms and conditions of the will in Surrogate's Court.

Second. Assuming that the house was deeded to both sisters, the proper action would be to partition the property.

In essence, there are 2 parts to a partition action, the split and sale. The "split" is fairly easy. In your situation, and assuming no individual waived her right of partition, the "split" may be handled by a simple motion.

The sale is more difficult. The Court appoints a referee. A lien search is conducted. There may be a hearing on percentage equity for each sister. Finally, a sale occurs on the Courthouse steps.

An estimate of 2 years time and 30K is very conservative, but not unrealistic.

Upon sale the eviction is not your concern. But frankly, it is not a big deal.

Once the executrix deeds the house to the sisters, they own the house. Therefore, you don't have to "lien" the house. To have your children get 25% of the house, your wife should execute a will with a specific bequest granting her interest in the house to her children.

Mike.