My jurisdiction is: New York
Just want some corroboration whether a stipulation in a will is ironclad or not. New York City, New York State property.
Summary: sister one of 5 siblings, 1 now deceased leaving 4 given the right to live in parents house in perpetuity on the condition she maintain and pay property bills, taxes etc. (the home's mortgage was paid in 1958) Siblings are co-owners after estate was settled. Sister was living w/ my parents almost continuously since the time of her (only) husband's death in 1984. Sister is still working and @5 yrs from retirement - has maintained home unevenly although of late much better and I believe the home is in saleable, if not terrific condition. Not sure how relevant this is but she had/has live in boyfriends living there for years without collecting rent. (They would do minor repairs paint yard work as a barter of sorts) My parents' will stipulates only my sister and "her family" could live there, she is widowed w/o children and never remarried - I never even knew if technically she was violating the terms of my parents will by having these other guys there.
Currently one brother (original co-executor w/ myself as other) is employed but nearly bankrupt due to lasting effect of 2 yrs unemployment and other 2 laid off in 2009 including myself - all now in financial need. My parents informed only me of the clause (if this sort of thing has a name) at the time they drew up the will (1992, they died in 1993 and 1996 respectively) because they wanted my to be the executor and carry out their wishes-there were a few reasons why they did this, which were not explicitly mentioned anywhere in the will. To my regret, I did not insist there be wording where the siblings could vote to force my sister out because I knew it would have been voted by my 3 other brothers for her to vacate the home immediately and I felt that was not my parent's intent. I didn't discuss this with my siblings, who were unaware of the clause. I also sincerely believe that my sister living there today, which will probably be the case until her passing, with no sense of fairness or obligation to help siblings in crisis today was not my parents' intent either, although that apparently is the net effect of the will. Is it possible for the siblings to claim financial hardship to force my sister to sell aand vacate the family home if she will not voluntarily do so?
Thanks in advance for your advice.
Just want some corroboration whether a stipulation in a will is ironclad or not. New York City, New York State property.
Summary: sister one of 5 siblings, 1 now deceased leaving 4 given the right to live in parents house in perpetuity on the condition she maintain and pay property bills, taxes etc. (the home's mortgage was paid in 1958) Siblings are co-owners after estate was settled. Sister was living w/ my parents almost continuously since the time of her (only) husband's death in 1984. Sister is still working and @5 yrs from retirement - has maintained home unevenly although of late much better and I believe the home is in saleable, if not terrific condition. Not sure how relevant this is but she had/has live in boyfriends living there for years without collecting rent. (They would do minor repairs paint yard work as a barter of sorts) My parents' will stipulates only my sister and "her family" could live there, she is widowed w/o children and never remarried - I never even knew if technically she was violating the terms of my parents will by having these other guys there.
Currently one brother (original co-executor w/ myself as other) is employed but nearly bankrupt due to lasting effect of 2 yrs unemployment and other 2 laid off in 2009 including myself - all now in financial need. My parents informed only me of the clause (if this sort of thing has a name) at the time they drew up the will (1992, they died in 1993 and 1996 respectively) because they wanted my to be the executor and carry out their wishes-there were a few reasons why they did this, which were not explicitly mentioned anywhere in the will. To my regret, I did not insist there be wording where the siblings could vote to force my sister out because I knew it would have been voted by my 3 other brothers for her to vacate the home immediately and I felt that was not my parent's intent. I didn't discuss this with my siblings, who were unaware of the clause. I also sincerely believe that my sister living there today, which will probably be the case until her passing, with no sense of fairness or obligation to help siblings in crisis today was not my parents' intent either, although that apparently is the net effect of the will. Is it possible for the siblings to claim financial hardship to force my sister to sell aand vacate the family home if she will not voluntarily do so?
Thanks in advance for your advice.
