Legal Question in Wills and Trusts in New York

Statute of Limitations vs. My Rights
I own my home with my great aunt, she past away 14 years ago. She had no will and no children, that left her with 10 heirs (neices and nephews). One of the neices started a case in probate court 9 months after her demise. Since that time nothing has been done with the court case. I am trapped between a rock and a hard place because I can do nothing with my home ie., loan, sale etc... The heirs do not want to share in the attorney expenses to settle this case. My question is A. Is there a statute of limitations of how long this case can sit in probate court idoling. B. What are my rights, I am a relative, but I am not a heir. How can I go about getting the case solved. Not one heir has made any kind of contribution to the upkeep of the house whatsoever. Yes I do live and have lived in the house for the 14 year duration and more.

Asked on 6/20/09, 11:45 pm

jeffrey lazroe Jeffrey A. Lazroe attorney at law

0 users found helpful

0 attorneys agreed

Re: Statute of Limitations vs. My Rights

There is no statute of limitations in this case.

Your great aunt is on the deed and stays there until something is done.

14 years is a long time, expecially since a proceeding was started 13 years and 9 months later.

You would have to hire a lawyer to clear title and force some resolution of this case.

It is messy. 14 years have elapsed and trying to find the heirs and serving them is time consuming and expensive.

At the end the estate would have to pay for the expenses.

What if something happened to you? That would really confulse the picture.

I would think that you would have to bite the bullet to get the matter resolved.

It is resolvable.

If you would like to talk with me about this please feel free to contact me.

Jeffrey Lazroe

Answered on 6/22/09, 10:35 am

Keywords

Match Any Match All

Country

State

Area of Law