What to do ifmy mom left her house to my sister and Iin equal shares but my sister won’t sell?

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What to do ifmy mom left her house to my sister and Iin equal shares but my sister won’t sell?

My sister is the executor; 4 years has passed. Is there a statute of limitations situation here? Can I lose my share to her?

Asked on February 28, 2012 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your loss and for the problems that have arisen.  No, you can not lose your share to her.  I am assuming that the estate is still open but it really should not be at this point in time.  You need to check in to that.   Probate is a public record so check the court file.  Now, if your sister will not sell you can ask an attorney about bringing an action for partition which would force a sale.  It asks the court to cut the asset in half - equally - but with a house they order its sale.  Good luck. 


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