QUESTION
If a house is left to two children in a will, can one child force the other to sell the house?
Asked on Mar 08th, 2012 on Estate Planning - New York
More details to this question:
My girlfriend's grandmother recently passed away. In her will, she left a house she owned in New York City to her two children. One of the children has been living in the house with her family for over 10 years, while the other child lives in Upstate New York. The property is split 50/50 according to the will. One of the two children wants to sell the house which would force her sibling to move out. The child who lives in the house is unable to buy out the sibling's share. Is the child who doesn't even live at this house allowed to force the other to sell?
1 ANSWER
Estate Planning Attorney serving New York, NY
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Yes. He or she can file an action for partition, asking that the property be divided (if it's practical to divide it) or sold (if it's not practical to divide it).
Answered on Mar 09th, 2012 at 12:24 PM