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

Q: Hi, Can I sell my portion of a house in PR?

My mom has a house in PR that she is renting out. She is still alive and has said when she passes she wants me and my sister to have it.

Me and my sister don't agree on what to do with the house. I want to sell it, as I don't want to be a landlord to a house in PR while living in NY. I already own over here. She wants to rent it and raise the rent. She knows nothing about being a landlord or fixing issues in a home.

Mom doesn't want to sell it.

Can I somehow sell my portion? My sister has stated that she isn't buying me out but wants me to gift it to her. I'm not.

Thanks for taking the time to read this.

Sorry, I should clarify: When my mother passes and the house belongs to us, can I sell my portion?

1 Lawyer Answer
Carl Nelson
Carl Nelson

A: It does not appear you have any interest to sell. Your mother indicating she wants to do something in the future, even if committed to a binding will, does not give you any legal or equitable right to the property.

There are certain things you could do during her lifetime, such as creating a life estate with a remainder interest to you and your sister, but not without your mother's involvement.

David Marc Deemer and Steven Warren Smollens agree with this answer

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