Legal Question in Wills and Trusts in New York

When my mother was diagnosed with cancer, her and my sister bought a house together. I lived with them in a basement apartment to help with her care, I also took care of the Maintenance of the home, painting, fixing ect. Now she has become terminal and has not much time . I am in the will to receive 1/3 of my mothers 1/2 of the home. How do I receive my inheritence?


Asked on 4/14/11, 1:54 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Upon death the will has to be probated. Upon Letters Testamentary issued by the court, the executor would divide the house 2/3 sister and 1/3 you. It would then be up to your sister to buy you out - or you may buy out your sister - from your 1/3 ownership. If you cannot agree to divide the real property, the property may be subject to a partition action.

Mike.

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Answered on 4/14/11, 2:06 pm


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