QUESTION
What can I do if my brother (co executive to will) gives us trouble selling willed property?
Asked on Dec 08th, 2011 on Real Estate - New York
More details to this question:
My two brothers and I inherited my mom and dad''s home. He is co executor to the will with me and has been impossible to work with in selling the house. He currently lives there and refuses real estate agents to show the house. It has been two years of this refusal, first claiming that he wanted to buy the house and then when listed it refused to give the agency a key or not take any calls from the agency to show the home. What is the next step that I should do besides leaving him messages 3-4 times a week that he doesnot return. Can I have him evicted so that we can procede with the wishes of the will. My other brother agrees that we want this property sold and divided. My trouble is that my brother is living in a house that is now the property of the three of us, he''s living there free of paying any taxes, insurance water/sewer bills and is blocking the sale of the home by his refusal to allow it to be shown at the estates expense. HELP
2 ANSWERS
1 Award
I am a NY lawyer. There are several strategies you can use. If the property was left via will to you and your siblings, you are correct to say that the three of you own it. Any owner can bring a partition action as of right. You as co-executor would have the right to commence this action. A partition action results in the sale of the property by order. The downside of a partition is that it is sold like a foreclosure so you do not always get the highest price. However, if your brother is seriously interested in buying it from the estate, this would force a settlement. Another idea is bring a petition to compel sale of the property in the Surrogate's Court or, in turn, removal. The Surrogate's Court will not give an order of eviction. One thing you must be careful of is that if it appears that you can not serve together, some counties are fast to appoint the public administrator. There are other strategies. I would say that you should consult with a lawyer quickly. As a co-executor, you have liabilities to your other brother. For example, if the house were to burn down, the co-executors would be guilt of breach of fiduciary duty. You should act quickly.
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Sharon M. Siegel, Esq.
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Answered on Dec 14th, 2011 at 7:35 PM
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In my experience with this type of case you will need to get an attorney to help straighten things out. One of your first steps would be (as co-executor) to go back to the surrogates court and bring the issue to the court, who should be able to help you get some relief and arrange for the sale of the house or provide an adequate remedy for you under the circumstances of your case. Eviction might be a remedy that the court would give you among other things. You do have the right to sell the house, you will need help getting possession so you can show the house and sell it.
Answered on Dec 09th, 2011 at 11:37 AM