Legal Question in Wills and Trusts in New York
My sister is the executor of my mother's will. Everything was left to both of us, including two houses. She is now threatening to sell one of the houses. Can she do this, even though I own half the house?
2 Answers from Attorneys
It all depends on why she wants to sell the house. Is she doing it to pay your mother's debts?
If you believe she is breaching her fiduciary duty under the law and th will, seek to remove her.
Take your mother's will to a local attorney and discuss your options.
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More information is needed. However, if the house was solely in your mother's name, and your sister is the executrix, she has the right to sell the house without your permission. However, your sister must have a valid reason to sell the house, and the reason must benefit you and her. If the house is in both you and your sister's name, she would have to commence a partition action. The partition action would force the sale.
Mike.
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