Q: Does Supreme Court Civil have jurisdiction to partition unprobated property half titled & deeded under corporation name?
Unprobated Last Will of father. 2-children sole beneficiaries/Heirs at Law and co-executors as named in Will. Property is of 4-lots, with 2-lots titled and deeded under father's personal name and 2-lots titled and deeded under his corporation entity. I have no info on the corporation other than it did exist. Does a Civil Supreme Court have jurisdiction to Partition and Auction such a property if a partition action is filed directly with this Supreme Court? The 4-lots of the property cannot be divided and sold separately from each other. Property is not a foreclosed property.
A: Although NYS Supreme Court has jurisdiction in partition actions, your description strongly suggests it will first be necessary to bring a proceeding in Surrogate's Court.
A: The Supreme Court has jurisdiction, but you have no standing to bring it unless you are the estate representative.
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