QUESTION

Can I sell my half of the real estate I inherited before probate is complete?

Asked on Jan 08th, 2019 on Trusts and Estates - New York
More details to this question:
After going on almost four years, the estate is still in probate and my brother (executor) is not making any attempt at filing any necessary papers to gain the letters of administration. Is there a way that I can sell my portion of the estate's real estate (that is getting worst every day) that was left to my brother and myself while the estate is still in probate? My brother doesn't show up in court when scheduled, the court has lost my papers when I filed to be executor (multiple times), I want out, but not without selling my portion (as co-beneficiary with my brother) of the property listed in the Will. Is there a way to sell my portion of the property before probate is completed? I honestly cannot see the probate being completed any time soon and the property will not be worth anything if I leave it up to my brother.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
You cannot sell it.  You need to bring a petition in Surrogate's court to compel sale.
Answered on Jan 12th, 2019 at 7:29 AM

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