Utica, NY asked in Real Estate Law for New York

Q: My mom died and I have been trying to get the house transferred into my name but my half sister will not cooperate.

My Mother passed away 7 years ago and had no will. I found an attorney and was made administrator over her estate because she owned a house. I have a sister who wouldn't respond to anything during the process of me trying to get the house transferred into my name. My attorney tried to reach out to

and have her served, I tried to talk to her, and family have reached out to her. She will not speak anyone.Eventually I was told by attorney that I should try to reach out to her and offer her money to see if she would respond and sign over her half and nothing. I was also told that he didn't want press the issue because she have me put out of the house. Its been 7yrs and I haven't heard anything from her. I have payed all taxes, water Bill's, national grid bills and repairs. I want to look back into this again see since time has passed and money is owed to me since shes not helping maintain the property if I would finally be able to get the house transferred into my name

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

A: Honestly, this makes no sense. There are ways to do what you want. If your letters are restricted, which is the only reason you could not sell now, you can petition for substituted service over your sister. Expenses come off the top, so the delay was not necessary and will not cost you.

Elaine Shay
Elaine Shay
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: Actually, if the only asset was the house, there was no will and you and your half-sister were the only heirs at law, it should not have been necessary to file for an administration as title to the property transfers by operation of law. If your half-sister is unwilling to cooperate with the maintenance of the property or negotiating a buy-out, you may have to commence a partition action to force a sale of the property by auction.

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