Legal Question in Wills and Trusts in New York

If three family members own a parcel of land and one passes away, can the children (heirs to share of property) of the deceased force the other two to subdivide and/or sell the property in NY?

Asked on 9/03/13, 9:42 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Yes, on an action for partition they can compel the purchase of their interest or the sale of the entire property. Since their interest is only one-third, it might be valued differently if their share were to be purchased by the other owners.

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Answered on 9/03/13, 9:59 am

Juliet Gavriel The Law offices of Juliet Gavriel, Esq

Yes, they can. They can compel the court to ask for a sale of the property and divide the proceeds into three.

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Answered on 9/03/13, 10:16 am
David Slater David P. Slater, Esq.

Yes, after having received title in the probate proceeding.

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Answered on 9/04/13, 8:35 am

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