Q: Should I probate Will in the shadow of RPAPL 901 case in Supreme Court against unprobated property?
I would appreciate the assist of a Probate lawyer (NY) regarding a standing case RPAPL 901 for an unprobated property that my brother wants to sell by auction. Bad faith/malice. I was already in agreement to sell by traditional sale. We are named co-executors/sole beneficiaries by Will. Granted Partition Sale with order to appoint Referee, which has not happened yet. Plaintiff's asking for auction as opposed to a referee conducting sale through broker. Property solvent, fully rented. I ask whether submitting Will to Probate will offer me more protection in the procedure of sale and other things or is it a waste of time at this point? Can I hold my brother accountable for actions against the Estate and beneficiary (me) for the financial loss already incurred? Isn't his actions against a Fiduciary duty as co-executor named by Will? Thank you.
A: Have a lawyer review the Will and any related legal actions and communications. Cases that are not yet decided in a jurisdictionally relevant court of law have no legal precedent value. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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