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Myself and my 2 siblings are listed as inheriting two thirds of our fathers home when he passes and his current wife inheriting

Dobbs Ferry, NY |

one third according to his will. If his wife objects to agreeing to sell the residence upon my fathers death what legal process would have to be explored to proceed with the sale of the residence.

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Attorney answers 4

Posted

You need to have a local attorney advise you about any homestead rights she may have. Absent that issue, if owners of a property cannot agree on what to do with it, it is called a partition or forced sale.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

Paul Karl Siepmann

Paul Karl Siepmann

Posted

The only homestead exemption NY recognizes allows the surviving spouse to exercise the same homestead exemption as the decedent with regard to Judgment Creditors. There is no automatic Life Estate by operation of law.

Posted

If she is named Executor, and then drags her feet, you could Petition for an Accounting to force the sale.

I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.

Posted

Since upon your father's death, assuming his will reads as you indicate, your siblings and his surviving spouse will be tenants in common of your father's house, you would have to commence a partition action to force the sale of the residence.

Posted

I'm not so sure I agree with the others (yet). Nobody has asked and you have not yet said how title is currently held to the property. Is his current wife in title? If so, depending on how she holds title, she could become the sole owner by operation of law despite the Will. We need more information before anyone can advise you properly. Ultimately, you should probably retain local counsel, since as you can see, internet minds can vary.

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

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