Real Estate partition

Asked about 1 year ago - Kingston, NY

My sister,my brother and inherited a house. my sister and I are on the deed,my brother has a life estate which he chose that route because he is running from bill collectors all his life and didn't want a lien on the property. We all want to sell but brother is being difficult and want all his renovation costs back. Will courts partition a house with a life estate on it?

Attorney answers (2)

  1. Peter J Weinman


    Contributor Level 18


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Life estates don't shield people from creditors. Any judgments against brother that's running from bills will have to be paid from proceeds of any sale or partition action, so you're in a bad spot. And, if he wants his costs back, how are you supposed to do that without his bill collectors attacking his money? Cash under the table?

    Sit with a local attorney to outline your rights & potential remedies.

    I may be guessing or not licensed in your state. No atty/client relationship exists.
  2. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree


    Answered . You can sell but it will be subject to the life estate so no one will likely buy.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more

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