Legal Question in Wills and Trusts in New York
Removing a receiver
My uncle died and left my sister and me a property, since me and my sister do not really speak the court appointed a receiver and ordered a partition sale. I am personally not too fond of the receiver I believe he is charging to much for his work and he wants to sell the property at a private auction, when we want the property to be sold at a public auction.
I have two questions:
1. can the receiver sell the property at a private auction, I know that private auction wasnt specified by the court.
2. how can I remove the receiver?
1 Answer from Attorneys
Re: Removing a receiver
1. Yes, in many cases the receiving has the authority to sell at private auction.
2. Removing the receiving depends on the facts and circumstances of the case. Yours sounds like a complicated case, but I suggest that you and your sister figure out a way to cooperate just enough to sell the property without the partition/receiver. You would begin by notifying the Court of your withdrawal of the partition action. Be aware, the receiver will probably charge you for the work he has done to date, so the sooner you act, the better.
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