Q: As executor of my brother's estate...
As I am executor of my brother's estate, my mother asked to have the estate's only property partitioned. My mother and sister-in-law are both beneficiaries and they aren't getting along. The property is pre-marital property that was in my brother's name only and he willed the house to both his wife and our mother. Also, if we should partition the house do I have to change the name on the deed/title first?
I had been successfully handling the estate without an attorney until this came up .
Further details: It is a one family property located in Queens County so it cannot be physically divided. My mother and sister-in-law both want to buy each other out. My question is do I need to change the name on the title/deed to their names before either one of them can begin their partition proceedings or can it remain just in my brother's name until someone "win"?
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A: In this situation, as you describe it, your responsibility as an Executor is to transfer the property to your mother and sister-in-law and that is it. Let either one of them sue the other for partition since they are having the dispute.
Nina Whitehurst agrees with this answer
1 user found this answer helpful
A: You are using a legal term "partition" but I am not sure what you intend. Do you want to sell it, or physically divide it? Totally different answer. Also, do they agree on what should happen or not?
Nina Whitehurst agrees with this answer
1 user found this answer helpful
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