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.
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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.

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Answered on 9/03/13, 9:59 am
Juliet Gavriel The Law offices of Juliet Gavriel, Esq
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Yes, they can. They can compel the court to ask for a sale of the property and divide the proceeds into three.

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Answered on 9/03/13, 10:16 am
David Slater David P. Slater, Esq.
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Yes, after having received title in the probate proceeding.

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Answered on 9/04/13, 8:35 am

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