Legal Question in Wills and Trusts in New York
No will
My mother died about a year ago, leaving a house behind. She however left no will. My brother has completely taken control of the property and is trying to sell. I however do not want to sell the house. I fear that I have waited to long and have minimized my options. It is four of us, my other two siblings are indifferent to the situation as they reside out of state. Please advise on what I can do to not only keep the house but to resume responsibility for the house. He is now threatening not to pay the mortgage.
2 Answers from Attorneys
Re: No will
If your mother has no living spouse, the house belongs to all of the children equally under the NY intestacy statutes. Your brother cannot sell it outright. Contact an attorney ASAP.
Re: No will
I agree with Mr. Wolff but I have some additional questions. Did your brother petition the Court for Letters of Administration? Were there any additional assets of her estate?
It is my feeling that no Court proceeding was commenced. If it was, you would have had to consent to your brother being appointed the administrator. Therefore, you and all of your silblings would need to enter into the Contract of Sale. Your siblings can commence a Partition action if you do not consent to the sale.
Please contact me to further discuss this matter at your convenience.
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No will father died intestate what steps do we take next Asked 3/27/07, 7:53 pm in United States New York Probate, Trusts, Wills & Estates
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