Legal Question in Wills and Trusts in New York

The Condo Board may wake up and petition the probate court as a creditor. The could sell it

to pay the debt.

I agree that the Board would have the right to act, as the monthly maintenance, if not paid, becomes a lien that the Board, as a creditor, can sue to recover. This can result in the apartment being sold to satisfy the lien. Keep in mind that the Board is under no obligation to get the best price if the apartment is sold, so you are making a big mistake by not having someone in the family take this responsibility.

At the very least, you could request that the public administrator become involved in administrating the estate. They would sell the apartment, pay outstanding taxes/maintenance and then pass the remaining estate to the heirs. AFTER taking administrator's commission and attorney fees.