Ask a Lawyer - Archive

Mother dies and leaves house to 5 children. One is executor and has probated the will but 4 out of 5 do not want to sell house. The will states all assets should be liquidated and divided evenly. It has been 1 year since death. What can he do, he is not executor? House is being rented out to one sibling and an other family since it is a 2 family house. House is paid in full and rental is positive cash flow of 2,000/month. No information is being shared. No access to expenditures. What can be done? He would like to be bought out and doesn't want to be involved in long term situation. Can an estate get a loan?

Surrogate's Court Procedures Act Article 19 provides for the disposition of real property. Section 1904 of the Act authorizes a petition to be brought by "any person interested". The children of your mother all have an "interest" in the property, as they are beneficiaries of the will. The petition requesting an order by the Court to sell the house can be brought by one of the children or all the children. The children who do not want to sell must be notified that the petition has been brought. In light of the fact that your mother's will provides that the assets of the estate should be liquidated and divided evenly among all the siblings, a Court will probably order the sale of the house.