Legal Question in Wills and Trusts in New York

sale of house left as share and share alike

My Grandmother recently passed away leaving her home to my Dad(her son) and my Aunt(her daughter). The will states that the property is share and share alike between my Dad and Aunt. My Dad and I want to buy out his sisters interest in the house. My Aunt refuses to speak with him but has indicated through her attorney that she wants the house sold asap. However, she seems unwilling to sell to my Dad and I. We got the house appraised and are willing to pay her almost 15% over the appraised value. She keeps claiming that the house is worth double what it was appraised for but refuses to back up her claim with any appraisal(becuase it is not worth anywhere near what she claims).She is clearly acting out of spite. My Dad is the executor. Is there any way he can force her to sell to him and I being that we are the high bidder and she wants to sell? We have tried negotiating in good faith but she refuses to negotiate in good faith. We really want the house. What options do we have under the law?

Thanks


Asked on 7/13/04, 3:01 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: sale of house left as share and share alike

The answser is a suit for partition where the court will compel a sale. If you need a referral to one of my NY associates please advise.

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Answered on 7/13/04, 4:08 pm
Anthony Park Anthony S. Park, PLLC

Re: sale of house left as share and share alike

Dear sir or madam:

Yes, you can obtain a court order to sell the house.

You can contact my office by email ([email protected]) or by phone for further assistance.

Good luck,

Anthony S. Park

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Answered on 7/13/04, 4:28 pm
Arnold Nager Arnold H. Nager, Esquire

Re: sale of house left as share and share alike

As the Executor, your father has the right to sell the house and distribute the proceeds in accordance with your grandmother's will. It is important, because of your aunt's hostility, to get more than one appraisal. It would probably be better to sell the house to a disinterested third party because if you and/or your dad buy your aunt will probably make waves.

The attorney your dad hires to probate the will can handle the details.

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Answered on 7/17/04, 10:11 am


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