Legal Question in Wills and Trusts in New York

estate distribution

can the executor of the estate legally sell real estate property that was specifically willed to me, land that is located in another state


Asked on 6/09/08, 7:38 pm

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: estate distribution

You should have received a copy of the Will when you were served with either a notice of probate or a request to sign a waiver of service of citation (or perhaps you were served with a citation). The Will is filed with the Surrogate and is available to the public. My guess is that money is needed to pay debts of the decedent and in that case the land can be sold to raise the necessary funds. If not, you should protect yourself by retaining a competent attorney.

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Answered on 6/10/08, 8:59 am
Walter LeVine Walter D. LeVine, Esq.

Re: estate distribution

I agree with Norman. While an Executor has the right to liquidate any asset (sell it), he usually will inquire if a beneficiary wishes the property or cash, and complies with the beneficiary's wishes. Norman is correct that if cash is needed to pay estate obligations, he can sell the property. If you desire the property, in kind, and you are willing to give the Executor your share of any cash "shortfall", you should contact the Executor and inquire about this, and work something out. I suggest you consider retaining a local estate attorney to assist you, if needed.

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Answered on 6/10/08, 1:42 pm


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