If the home that my late mom lived in has yet to be transferred to the estate, do I have any recourse to get my share of the value out of the home?

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If the home that my late mom lived in has yet to be transferred to the estate, do I have any recourse to get my share of the value out of the home?

My mom died 6 years ago and the Will is not yet finalized. My sister is living there and my other siblings have no intention of selling the property.

Asked on August 3, 2015 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Who is the executor? If the executor is not your sister or another sibling, first ask the executor what the hold up is. If the executor is your sister or another sibling, or you are not satisfied with the executor's answer, you can, as an interested party (an heir), bring a legal action in probate or surrogate's court to force the executor to finish probating the will and distribute the assets; in that action, if the executor or another heir has taken advantage or reaped some benefit from the estate to which they were not entitled (e.g. living there), you may be able to force them to pay compensation. This is a much more complex legal case than, say, suing someone in small claims court for breach of contract; you are advised to retain a probate attorney to help you.


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