QUESTION

After selling an inherited house in NY one party is claiming mega expenses and Proceeds are in escrowiescrow. The will was probated in Md Where do we

Asked on Aug 17th, 2017 on Civil Litigation - New York
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Should we find a NY lawyer since property sold was there or a MD lawyer where the defendants live and original will was contested since it is no longer about property but about money. Or could we sue in Florida where we live? They claim over $60,000.00 in expenses we owe, our reconciliation was more like $30,000.00 after items paid by probate were removed.
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2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
You need to bring an accounting proceeding in the MD estate if the property was sold by the estate.  NY jurisdiction is over.
Answered on Aug 18th, 2017 at 2:15 PM

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Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
This is a contract dispute that should be brought in a New York court, but the Maryland will controls the rights of the parties to the house, Maryland law controls how probate expenses are apportioned between beneficiaries of an estate, and New York law governs the apportionment of expenses between co-owners of real property, to the extent that any of the claimed expenses are property-related. What astounds me is that this wasn't calculated before the closing so it could be settled AT the closing. It's complicated, but it's not brain surgery. A good lawyer on each side could work this out between the parties and probably avoid litigation.  
Answered on Aug 17th, 2017 at 5:29 PM

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