Legal Question in Wills and Trusts in New York
probate estate
My sister and I are coexecutors. We retained one lawyer to handle the estate matters. my sister and I are not agreeing on realestate appraisals to value the estate. My sister recieved 2 homes and I recieved 1 home. She is insisting 2 more appraisals should be done on the property I recieved. This way her equitable distribution would be greater. Due to the fact that the lawyer is shared, and my sister is disagreeing with one appraisal the lawyer feels I should compromise and raise the value of the home I recieved. It is my understanding that the value is based on the date of death not on what a home may sell for 8 months down the road. Everything has come to a stand still because my sister wants a specific price set on my house. My question is 2 fold. Do I have the legal right to leave our shared lawyer and obtain my own lawyer paid for by the estate? If more appraisals are to take place on the home I recieved shouldn't the same amount of appraisals be done on all the homes.One more question.... my father also lived in a 4th home, I would like to get this on the market but my sister will not remove the items she wants. Can she hold up the progress of distributing the estate? It is costing the estate money, another round of taxes
1 Answer from Attorneys
Re: probate estate
Since you and your sister are at odds, I would say that you should retain your own lawyer. You are within your rights to do so. Additionally, if the will left a specific house to you, then you are entitled to that house no matter what the value may be. www.nycprobate.com
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