Legal Question in Wills and Trusts in New York
My mom passed away a few months ago. Her house is titled in her name and me and one of my brothers. Another brother who isn't on the title is still living there. Well the two brothers want to drag out selling the house and estate contents for a year but I want to sell ASAP! What can I do to get things moving on selling it off? We live in NY and the taxes are really high and I don't want to be responsible for them....
2 Answers from Attorneys
Unless the house was owned jointly with right of survivorship the estate must go to probate. If the heirs cannot agree perhaps one can buy out the other. If not, an action in partition is the solution, where the court will force a sale,
The question is what is the title to the house? If the title to the house is mom, you and brother as joint owners, then, by law, the house is transferred to you and your brother. Therefore, you may start a partition action to sell the house.
If the title to the house is mom, you and brother, and there is no language stating "joint owners", then upon your mom's death the house is owned by you, your brother and your mother's estate (ME). Your ME must then be either probated (if there is a will), or there must be an administration proceeding (if there is no will). Only after the ME is transferred may you seek a partition.
Mike.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
