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"?
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
