Legal Question in Wills and Trusts in New York
Will
Several years ago my father died and left a four family house to me and my sister. The will stated that the house cannot be sold unless we both agree. I offered to sell my share to her at a reasonalbe price but she refused. Can I go to court to force the sale of the house?
2 Answers from Attorneys
Re: Will
If the Will specifically requires that both of you must agree to sell, then it would be difficult to force a sale. However, there are several potential questions that must be addressed - Are there any alternative provisions in the Will? Is your sister living there? Is there rental income? Is the property being maintained? Are there other beneficiaries? Has the Will been probated? To answer your question requires more information regarding the facts of your case. Please contact my office directly if you would like to discuss further.
Re: Will
The issue in Sicker v. Sicker, 23 Misc. 737, 53 N.Y.S. 106 N.Y.Sup. 1898 was whether a partition action may be maintain even though it conflicts with a last will and testament. The court held that "a will should be so construed as to carry out the testator's intention, unless some positive rule contravenes." Since a partition action would defeate the purpose of the will the court must not sanction same.
However, there are other issues that may be litigated depending on the exact language of the will and the deed.
Mike.
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