Legal Question in Wills and Trusts in New York
Partition of property
If a will calls for estate property to be jointly held by 4 children, can one child force the auction of all the property?
2 Answers from Attorneys
Re: Partition of property
No, but a court could order a partition.
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Re: Partition of property
You do not define "estate property". Does it include more than real estate? If only real estate, one joint owner can seek a partition action through the Court. This type of action allows the person to be bought out or have the property sold to a third party. There are many questions involved, so a simple answer may not be justified. The major questions are: (1) Although the property was left to be held jointly, did the decedent insist that the property could not be sold. (2) You do not explain why one person is insisting on a sale, and this may have a bearing on my response. Bottom line, no one can compel people to remain the eqivalent of partners, so there are rules to cover these types of situations. This is a response to an Internet question and the reply is not to be considered legal advice or as creating an attorney-client relationship. Different or missing facts could result in a different response.
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