Legal Question in Wills and Trusts in New York

You need an attorney to bring an action for partition. That will force a sale of the house. I don't know of anyone who might take this on a contingency basis.

It may be more complicated that indicated in Mr. Nager's answer. If the sister only physically took possession of the house, the house would still be in your deceased mother's name. That means a possible Administration Proceeding. In other words, you would have to file a petition with the Surrogate's Court to be the Administrator of the Estate. As an administrator, you would have the right to sell the house and equally divide the proceeds - avoiding a partition action.

Of course, if the house is in both you and your sister's name, there is no way to avoid a partition action.

I assume that the house is in Bronx County. I may be interested in handling this as a contingent case; however, I would need a lot more information.

Mike.

This will require legal action. I have offices in NYC and Florida and would be happy to discuss the matter with you at no charge.