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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35764
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Moms house in NY was left to 3 siblings. One will not cooperate

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Moms house in NY was left to 3 siblings. One will not cooperate or answer calls or letters about the sale. We have a buyer for the house. Can we proceed if the 3rd sibiling will not cooperate?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Has the property actually been transferred out of the estate to a the three siblings so that it is in their names now?
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Thanks
Barrister
Customer: replied 3 years ago.

yes


 

Ok, then I hate to say it, but unless that sibling signs off on a sale or there is a court order, then the other two siblings wouldn't be able to sell it. This is because all people with an ownership interest have to agree or be ordered to sell or the entire ownership of the property can't be conveyed to a buyer. As it stands now, you could only convey 2/3 of the ownership of the house.
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If the third sibling won't respond to any communication, then the other two would have to file a "partition suit" against the third sibling and get a judge to order that the property be sold. It is an absolute right that can not be denied, but you would have to go back to court to get a judge to actually issue the order.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 3 years ago.


If we have a sale pending can the Judge order the sale to go forward or will the house have to be auctioned?

If you have a sale already in the works and the purchase price is close to appraised value then the judge can orde that the sale proceed instead of going to auction. Typically with real estate, a judge would order it listed with a realtor for a period of time, usually 60-90 days, at fair market value, and then auctioned at public sale if it wasn't sold in that time.
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But if you have a buyer who is paying $85K and the house is appraised at $89K, the judge would likely agree that is close enough to be a legitimate arms length transaction and allow it to proceed.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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