Legal Question in Wills and Trusts in New York

My dad recently passed away. Prior to his death, he changed the deed on his house so that when he passed, the house would automatically become the property of me and my 3 sisters. The house has been cleaned out and we are ready to put it on the market and now one of my sisters will not sign the papers to sell it. She has decided she doesn't want to sell. Can we make her sell or can we make her buy us out?

Asked on 8/16/10, 2:23 pm

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

You can bring an action for partition to force the sale of the house.

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Answered on 8/21/10, 5:35 pm

Walter LeVine Walter D. LeVine, Esq.

I agree with Arnold, and keep in mind that this can be an expensive litigation. I suggest determining what is making your sister reluctant to sell and if some less-costly settlement can be negotiated.

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Answered on 8/24/10, 10:41 am

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