Legal Question in Wills and Trusts in New York

Re: When Must I Sell?

You do not say how the Deed was titled. Was it as tenants in common (in which case your sister-in-law may have an entitlement which depends on what your brother's Will stated as to his estate and how it is distributed) or possibly titled as joint tenants with right of survivorship, in which case she has no rights. If she actually does have an interest, you must deal with it currently and you cannot defer her demands to your desires. Her rights, if she has any, are like a partner in a partnership, who can demand partition of the property, which is litigation requiring that you either buy her out or sell the property. If she has rights, presuming title was as tenants in common, all interests (your bother's and sister's) including their estates are responsible to contribute to the costs of maintaining the property. Thus, any expenses that were paid by you and not contributed to by them or their estates are claims you have when final settlement takes place. There are several additional questions, but I am deferring them until you respond to the main question which was how was the Deed putting the 3 children in title written as to their interests.

Re: When Must I Sell?

It is necessary to know how the co-op share certificates are titled, ie:, joint tenants or tenants in common.

Re: When Must I Sell?

Depends upon the nature of the stock. If it was in the siblings names as joint tenants there is no obligation to your sister in law. If it was as tenants in common, she has rights and must be bought out. Ifthe stock certificate does not specifically address the issue, it is a tenancy in common.

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