Legal Question in Wills and Trusts in New York

In the following paragraph.....

"I give unto my executrix, the fullest power and authority in all matters and questions, and to do all things which I might or could do if living, including without limitation, complete power and authority to sell (at public or private sale, for cash or credit, with or without security) mortgage, lease, dispose of and distribute in kind, all property, real and personal, at such times and conditions as she may determine, all without Court order."

Does the preceding paragraph that is in my grandfathers will give my mother (the executrix) the power to supercede the following paragraph?

"It is not my wish nor my desire that I shall encumber this real property by establishing such tenancies in my two unmarried children, however, it is my intent that either of said children shall have the right and privlige to remain in said premises and enjoy the benefits thereof so long as they are unmarried"

The said children is my mothers unmarried sister who has been living in the home left to all the children. I want my mother to get the equity out of this home to have a better nest egg. Can she sell the home and divide proceeds unilaterally?


Asked on 7/10/11, 6:26 pm

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

It is impossible to answer this question without looking at the language of the will in total.

However, if the house was left to all children, then the executrix should deed the house from the estate to all the children. Once deeded, the owner may start a partition action to sell the house.

Mike.

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Answered on 7/11/11, 5:27 am


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