Legal Question in Wills and Trusts in New York

If three family members own a parcel of land and one passes away, can the children (heirs to share of property) of the deceased force the other two to subdivide and/or sell the property in NY?

Asked on 9/03/13, 9:42 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.
0 users found helpful
0 attorneys agreed

Yes, on an action for partition they can compel the purchase of their interest or the sale of the entire property. Since their interest is only one-third, it might be valued differently if their share were to be purchased by the other owners.

Read more
9/03/13, 9:59 am
Juliet Gavriel The Law offices of Juliet Gavriel, Esq
0 users found helpful
0 attorneys agreed

Yes, they can. They can compel the court to ask for a sale of the property and divide the proceeds into three.

Read more
9/03/13, 10:16 am
David Slater David P. Slater, Esq.
0 users found helpful
0 attorneys agreed

Yes, after having received title in the probate proceeding.

Read more
9/04/13, 8:35 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York

Looking for something else?

Get Free Legal Advice

88177 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
David SlaterDavid P. Slater, Esq.Boca Raton, FL
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now