Lindenhurst, NY asked in Estate Planning, Family Law and Real Estate Law for New York

Q: Good Morning!!!! Who can my mom have look over a court case to make sure everything is being handled correctly? Jen

I am actually writing in regards to a situation my mother has been dealing with and has caused her a lot of stress and is costing her a lot of money. My grandmother passed away 6 years ago. She shared a 2 Family house with her brother. When she passed she left my mother half of the house. Simple, until my uncle stopped paying his half of the bills, wasn't paying his half of the taxes and not taking care of his portion of the house. So much went on in between but I don't have enough room to type. So my mother hired an Attorney to hopefully solve the issue and 5 years later she is still paying an attorney and nothing has been done. My mother was trying to either buy my Uncle out or have him buy her out or sell the house. The first court appearance my uncle agreed to sell the house and the Judge made a court order for the house to be sold. Then they had a buyer and my uncle refused to sign the papers and said he was never selling the house. This has gone on for over 5 years.

2 Lawyer Answers
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: Something is not right. Have someone review the papers.

Barry E. Janay
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: Since your Uncle was Ordered to sell and now refuses it sounds to me like another Order from the court can be sought holding him in contempt for violating the first Order... The contempt charge should carry enough of a threat to convince him to sell as he was originally supposed to do and agreed to do. All of this would need to be verified by an attorney who actually reviewed the case and the papers, which I'm happy to do, but for a fee. If you want to email me we can discuss this further.

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