Legal Question in Wills and Trusts in New York

Re: executrixx of estate

Does the Will say anything about your rights and what is authorized? Usually the rights given an Executrix include the right to maintain and sell assets. If the Will gives you the right to sell assets, that is your authority. If the Will is silent on this, the general laws of Will administration may allow you to do this. As co-owners, each sibling has an obligation to contribute to the cost of maintaining the house, pro rata to their ownership interest. If they fail and refuse to contribute, they can be charged for their share of the costs when the house is sold. If you want to dot "i's" and crosss "t's", you can petition the Surrogate's Court for permission to sell the house. I suggest you notify your siblings of this before you actually file and give them the first option to buy the house, if one of them wants it. They can also agree to allow you to sell it, so the Court petition may not be needed.

This is a response to an Internet question only and is not intended to be considered legal advice or to create an attorney-client relationship.

Re: executrixx of estate

If the real property was specifically given to the three siblings under the Will you cannot normally sell the house without court permission. You must either petition the Surrogate's Court or file a Partition Proceeding in Supreme Court.