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What to do if siblings have deed in both names and the residing sibling refuses access to the other to obtain estate assets?

Bayshore, NY |

Home was inheritance..deed now in both siblings names...residing sibling still insists the other sibling co-owner & executor of estate cannot access home to secure assets. Residing sibling left keys & note with estate attorney saying she can come but then backs out saying no...because i now have a petition w court enforcing sale of home. I am afraid when we appear in court pro se for the oral argument the judge requested..the judge will say I defaulted by not going to get assets. Will a text message saying no one comes here to take anything..cover me?

Attorney Answers 3


  1. Best answer

    Dear Bayshore Home Owner:

    You have now asked this question three times. The answers will not change. You are experiencing this strange court experience because you have not engaged an attorney to plead your claim for access to the house. The house is in the exclusive possession of your sibling, who resides in the house. Even though you are a co-owner, he has not allowed you to enter the house. You describe his potential for violent behavior in a comment you placed to my answer three days ago.

    You cannot substitute Internet answers for having your own attorney. You have lost three possible sales where a broker found a purchaser because your brother backed out of each contract, you may owe these brokers, because each did the job of finding a purchaser. You dropped your selling price each time.

    Please. Hire an attorney.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.


  2. Your question's a bit confusing. In part of the question you imply the home was the only thing left in a parent's estate left to the two children equally, and then you talk about "assets". Are the "assets" personal property left in the home like furniture, jewelry, fixtures, mementos, etc.?

    You're on the right track seeking a partition action to sell the home and dispossess the sibling in possession and divide the proceeds. If the "assets" are also at issue, they have to be divided equally (roughly) and or sold and the proceeds divided equally. Your rights won't be waived by not going over and violently demanding your share; the law prefers a peaceful solution.

    I'd write a letter to the sibling in possession (or have the lawyer write it) demanding that no personal property be removed or sold and any property that has been needs to be accounted for. There may also be, depending on the size of the estate, whether there was a will, and the manner in which the estate went through probate or administration, some accounting for these "assets" that has to be done in Surrogates Court to do a final accounting and close the estate.

    I'd consult an estate lawyer, have him write the demand letter and advise you on how this estate should be administered or probated so you get your rightful share.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".


  3. It's time to give up. All us attorneys here at Avvo have agreed to stop answering this question.

    NOTE: (1) I may be guessing and/or not even licensed in your state; (2) We have not established an attorney-client relationship; (3) Sometimes you get what you pay for; and (4) If you want to send me a gift, my favorite color is orange.

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