Legal Question in Wills and Trusts in New York

My mom passed, and left a 2 family house for 3 sibblings.There was no will. How does the house
be distributed among 3 sibblings. The sibblings don't get along, and don't live in the same county.
Will the judge sell the house? 2 sibblings live in the house, but they won't let the 3rd sibbling move
in. What can be done about this? Will the deed be put in the 3 sibblings name ? being the house
is 2 family, 1 sibbling lives up stairs illegally, the other lives downstairs, I want to move in , but can't
Will the judge sell the home and split difference, who gets the deed to hold on to. Since they don't want me there, what recourse do I have ? Will the judge go ahead and sell ? I have just as much right
as they have to live in this home, don't wanna fight noone, the home was to be spilt 3ways, how can this be done.? Thank you
Beverly korscowsky.

Asked on 8/22/11, 10:06 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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Since there is no Will, all three children inherited the house, in equal shares. Since there is a conflict, the easiest thing is for one child (probably you) to bring a suit for partition, which will result in either the Court ordering the house sold, or the other children to buy you out, to stay there. As equal owners, you all have an equal obligation to pay the bills, and the ones who live there should be paying rent as well. Unfortunately, this may require a Court proceeding. This a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Answered on 8/22/11, 10:32 am

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