Welcome! Thank you for your question.
To be able to sell the apartment you are going to have to file for probate
and get permission with the probate court. There is no way that you can get the apartment out of probate court unless ALL debts are paid, including Medicaid's debt.
You must take some steps before you have any authority to sell the property and this will assure that all debts are paid before you get any of the money from the sale of the apartment.
First you must go down to surrogate's court and file for probate of your mother's estate. Second, you will file a notice to creditors and this gives creditors a certain time to file a claim with the surrogate's court. If a creditor fails to file a claim then you are never liable after the notice to creditors expires. Third, you must file a petition for sale of the apartment with the surrogate's court. The court will have to approve the sale of the apartment. Once the sale takes place the proceeds must go to the estate account . The estate account cannot transfer to you and your sister until all filed claims have been paid.
The surrogate's court in Nassau county should help you go through this process.
I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.
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