Legal Question in Wills and Trusts in New York

petition to partition

When one of two owners of a property has died without a will can any one of his beneficial distributees petition the Court for a partition (to sell the property)?


Asked on 4/06/09, 11:15 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: petition to partition

No. Only the administrator may petition the court for a partition. An administrator is an individual appointed by the Surrogate's Court to handle the estate of an individual that died without a will.

Mike.

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Answered on 4/07/09, 8:22 am


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