If the home that my late mom lived in has yet to be transferred to the estate, do I have any recourse to get my share of the value out of the home?

My mom died 6 years ago and the Will is not yet finalized. My sister is living there and my other siblings have no intention of selling the property.

Asked on August 3, 2015 under Estate Planning, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Who is the executor? If the executor is not your sister or another sibling, first ask the executor what the hold up is. If the executor is your sister or another sibling, or you are not satisfied with the executor's answer, you can, as an interested party (an heir), bring a legal action in probate or surrogate's court to force the executor to finish probating the will and distribute the assets; in that action, if the executor or another heir has taken advantage or reaped some benefit from the estate to which they were not entitled (e.g. living there), you may be able to force them to pay compensation. This is a much more complex legal case than, say, suing someone in small claims court for breach of contract; you are advised to retain a probate attorney to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.