Legal Question in Landlord & Tenant Law in New York

will

my father had pass away and its three brother&three sister we all are in the will my father left,now my brother build a house on the property my father left us he didnt ask me for premission to build a house do even if my other agree & i dont do he got right to go ahead and build a house even tho if i say no.what can i do in this situation. before it be late.


Asked on 4/14/08, 7:19 am

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: will

I presume that the will gave equally the land in question.

No bank will loan money to build a house unless the title is in the home builders name.

If he builds a house - he has problems, because you then become an owner of that house. He who owns the land in New York, owns everything on top of the land - including the house.

You should have the estate probated. What this means is that you have a judicial determination as to who owns the land, and a deed can be recorded. The property can then be sold by force and the money divided.

You should consult a lawyer immediately, so as not to make a bad situation worse.

If you would like, you can contact me with some more information

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Answered on 4/14/08, 9:37 am


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