Legal Question in Wills and Trusts in New York

sibling not paying agreed share of inherited time share fees

Hi! Thanks for your help! My dad died 5 years ago (in NY). He willed all of his property to his three kids- this included a time share (in Fla.). I was the executor of his estate. My sister, brother and I verbally agreed to split all time share dues three ways, just as we split all other willed items. There were no problems with that shared responsibility until recently when my sister has decided to stop paying her third of the time share fees (about $300 a year). What can my brother and I do?


Asked on 8/28/08, 10:45 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: sibling not paying agreed share of inherited time share fees

With her permission you may eliminate her as an owner of the time share by purchasing her value of the asset less money she should have paid. Or, you may sell the time share, divide the profit three ways and deduct what you sister should have paid for the month. Or, you can sue her in small claims court for $300 for failure to make payment of her obligation.

Mike.

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Answered on 8/28/08, 11:10 am


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