Estate Left to 3 siblings who don't get along

[mangomutt]

What is the name of your state (only U.S. law)? State: New York

In July 2007 my mother passed away.

The estate was left to myself, my brother and my sister, ages 49,46, 47.

I live in California, my two siblings live in New York, my sister lives in the house that now belongs to the estate.

She refuses to pay rent, she does pay the taxes due on the house (no mortgage payment, house is paid in full.) And she refuses to put the house on the market or buy me and my brother out. It seems she is saving money, but no one else is, and home prices are falling.

I want to move this process along, as it's been 15 months, which I feel is reasonable for my sister to have moved out or buy us out. You cannot communicate with her without her getting very angry. None of us siblings have talked in approx 15 years.

The will left the estate to be divided equally amongst the 3 of us.

I spoke to the estate attorney and he says he also has a vested interest in this and would like it to move along as well, but hasn't done anything to get this moving forward.

What do I need to do to get the ball moving?

I'm guessing that I need to hire an attorney, but at my expense? Do I pay an attorney upfront (which I haven't the finances to do) or do they take it out of the estate once the home has sold?

Thank you kindly for your legal advise.

 

[BlondiePB]

Ahhh, squibblings

What is the name of your state (only U.S. law)? State: New York

In July 2007 my mother passed away.

The estate was left to myself, my brother and my sister, ages 49,46, 47.

I live in California, my two siblings live in New York, my sister lives in the house that now belongs to the estate.

She refuses to pay rent, she does pay the taxes due on the house (no mortgage payment, house is paid in full.) And she refuses to put the house on the market or buy me and my brother out. It seems she is saving money, but no one else is, and home prices are falling.

I want to move this process along, as it's been 15 months, which I feel is reasonable for my sister to have moved out or buy us out. You cannot communicate with her without her getting very angry. None of us siblings have talked in approx 15 years.

The will left the estate to be divided equally amongst the 3 of us.

I spoke to the estate attorney and he says he also has a vested interest in this and would like it to move along as well, but hasn't done anything to get this moving forward.

What do I need to do to get the ball moving?

I'm guessing that I need to hire an attorney, but at my expense? Do I pay an attorney upfront (which I haven't the finances to do) or do they take it out of the estate once the home has sold?

Thank you kindly for your legal advise.

Two words: Partition Lawsuit

 

[seniorjudge]

Q: I'm guessing that I need to hire an attorney, but at my expense?

A: Yes; you must hire your attorney to represent your interests.

 

[rowz]

Your distance is going to make your hiring a lawyer in the decedent's jurisdiction a necessity if you really want to get this moving. Finding one that is close to the courthouse could save you some $ in the long run.

I would start by sending your sister a letter via Certified Mail with return receipt that she needs to start making rental payments ]to the estate] beginning with the first of November. Find out the going rate for a similar rental in that area and charge her 1/3 PLUS the cost of utilities. The estate is liable for the utility payments that could cover the base rate for connection and such usage that would keep the house "afloat" while it is unoccupied.

Send a copy to the estate atty. and ask him to move things along. Get a copy of the probate file from the Court to see what is in it.

Oh, I forgot to ask. Who is the Executor of the estate?

 

[seniorjudge]

Two words: Partition Lawsuit

This MAY be able to be done in the probate estate.

Or something very similar.

As rowdy said, get a lawyer whose office is across the street from the courthouse.

 

[BlondiePB]

This MAY be able to be done in the probate estate.

Or something very similar.

As rowdy said, get a lawyer whose office is across the street from the courthouse.

I re-read the first post & did see that title hasn't changed yet (hopefully). Thus, I retract the partition , but not the squibblings.

BTW, thanks for looking at Paul's thread and your comments about not finding any bad comments by me. Just another day in the park with these stories changing.