Legal Question in Wills and Trusts in New York

Four sisters have inherited their fathers house

Me and my three sisters inherited my fathers house upon his death. One sister lives in the house. The rest of us live in other dwellings. The house is in very poor condidtion and will need major repairs soon. Three sisters want to except an offer, the one living there refuses. She thinks the offer is too low. The house has been on the market for 2 months. We've had three offers that have all fallen through because of the condition of the house. Is there anything the three of us can do to force her to except. Also can we collect rent from her. She says we can all move in the house if we want to, so she won't pay rent. She is living there and paying only utilities. We all split the taxes and repairs. Is there any way to do this without going to court?


Asked on 6/07/06, 10:00 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Four sisters have inherited their fathers house

Short of having an agreement with the sister in the house, your only alternative is litigation.

Since you all own the house and the house cannot be divided, you would seek partition. With partition the Court would direct a referee to sell the house and split the net proceeds.

Mike.

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Answered on 6/08/06, 8:20 am
Arnold Nager Arnold H. Nager, Esquire

Re: Four sisters have inherited their fathers house

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Probably not. The estate is entitled to collect reasonable rent from the individual occupying the premises. If she is unwilling to buy the three of you out you will need to bring an action for partition in court.

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Answered on 6/08/06, 8:35 am


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