Possible to force sale of family home due to hardship?

[avk2]

State - NY, City of New York (Queens). Can I sue to force sibling to agree to sale of family home?

Summary: Mother (1993) then father (1996) passed. Parents' will rewritten before my mother passed in 1992, assigns my older sister (now 62) a perpetual right for herself "and family" to live in home as long as insured, taxes paid & home maintained which has been done (IMO just passably, the home is noticeably imbued with cigarette smoke) The house was inherited by 5 (now 4, 1 dec. 1998) siblings, 3 brothers including myself + sister, I am 1/4 co-owner.

Due to her contemporary circumstances (widowed in 1984, no savings, other personal issues) she was given an unconditional right to live in home as others were married & established. Circumstances for other surviving brothers deteriorated in recent years w/ eldest brother bankrupt in NC and myself and younger brother in NY laid off professionals (since early 2009). In addition I have a autistic child, 11, to care for that cannot be left alone after school hours and no other household income.

Sister is only willing to loan small sums of money to her siblings but not to move, which might realize $600-650K in sale. She has had a rotation of 2 live in boyfriends/friends residing there since 1996 but no marriages and no rental income from either of those men, one now deceased. There was/is no common-law marriage in NY/NYC AFAIK.She has a modest income ($40K) and living well compared to brothers who are struggling and could retire tomorrow if laid off - although she is aware of our situations she will not voluntarily sell/move.

I had some previous informal advice some years back that the condition of my parents will was ironclad and there was no way to force the sale. Given the situation described, can I/we force the sale now via a claim of hardship, and/or that my sister was negligent by having boarders and not collecting rental income? The others are not agreeable to give her any monetary incentive or bonus to move. If I have a case I could pursue, should I consult a NYC lawyer specializing in property law, and what could it cost on average?

Many thanks in advance for your comments.

 

[army judge]

State - NY, City of New York (Queens). Can I sue to force sibling to agree to sale of family home?

Summary: Mother (1993) then father (1996) passed. Parents' will rewritten before my mother passed in 1992, assigns my older sister (now 62) a perpetual right for herself "and family" to live in home as long as insured, taxes paid & home maintained which has been done (IMO just passably, the home is noticeably imbued with cigarette smoke) The house was inherited by 5 (now 4, 1 dec. 1998) siblings, 3 brothers including myself + sister, I am 1/4 co-owner.

Due to her contemporary circumstances (widowed in 1984, no savings, other personal issues) she was given an unconditional right to live in home as others were married & established. Circumstances for other surviving brothers deteriorated in recent years w/ eldest brother bankrupt in NC and myself and younger brother in NY laid off professionals (since early 2009). In addition I have a autistic child, 11, to care for that cannot be left alone after school hours and no other household income.

Sister is only willing to loan small sums of money to her siblings but not to move, which might realize $600-650K in sale. She has had a rotation of 2 live in boyfriends/friends residing there since 1996 but no marriages and no rental income from either of those men, one now deceased. There was/is no common-law marriage in NY/NYC AFAIK.She has a modest income ($40K) and living well compared to brothers who are struggling and could retire tomorrow if laid off - although she is aware of our situations she will not voluntarily sell/move.

I had some previous informal advice some years back that the condition of my parents will was ironclad and there was no way to force the sale. Given the situation described, can I/we force the sale now via a claim of hardship, and/or that my sister was negligent by having boarders and not collecting rental income? The others are not agreeable to give her any monetary incentive or bonus to move. If I have a case I could pursue, should I consult a NYC lawyer specializing in property law, and what could it cost on average?

Many thanks in advance for your comments.

Thanks for asking a great question. It takes me back to my time as an L1 in law school. We spent hours studying life estates, fee simple, conditions antecedent, and conditions precendent. I'll try to clear this up for you.

What you appear to describe is a "life estate for the life of "X", so long as "X" pays taxes on the homestead, and upon "X's" demise, the remainder in fee simple to go to "Curly", "Moe", Groucho", and "Harpo"".

The only thing that can end the life estate of "X" is the death of "X", or "X" defaulting on the taxes, which is unnecessary because the government would intervene anyway. Cigarette smoke isn't necessarily deleterious to the property's value.

You MIGHT inherit a portion of the estate, if and only if, "X" predeceases you. Otherwise, the estate is "X's" to enjoy, because that was a codicil of your parents' will!

 

[avk2]

A. J., what you described is correct. My parents decided to do that because they were afraid that she might actually be homeless, such was her situation - they knew the brothers wouldn't agree to let her stay there or live with them without the mandate. They also felt over the years she was a little shortchanged compared to assistance (i. e. college support) and gifts (cars) given to others. She never learned to drive until after age 50 or went to more than a college class or 2 so the point was moot, it was just a sense of fairness. I know this to be 100% true because unlike the others, my parents consulted me beforehand and was told at the time if I objected they would change the will, I was the main executor and I wound up their estate matters properly.

What I want to clarify is , is/was my sister violating the life estate by having others, non-family, live there rent-free. My older brother feels we should have been collecting and sharing a rent.

Hindsight is 20-20 and I know now what I should have done was insist on some clause that would have compensated my sister with some additional $ if all the others wanted her to vacate the premises. I was far too trusting that she would do the right thing by any of us in a crisis situation. It's sad, and ironic that the person who was neediest ended up receiving an estate gift worth more than everyone else combined ever received and does not feel any obligation to assist others in the family. This is even more irksome because prior to my own job difficulties I intervened a few years ago on her behalf to save her job which she still holds today with no quid pro quos. For the other family members and myself, the issue goes beyond her legal obligations to her doing the right thing morally.

The only silver lining is that my son and 3 nephews are explicitly cited heirs down the road but that doesn't help the siblings in crisis today.

 

[army judge]

Your previous legal advice was spot on. A life estate is intended to allow the person named to have uninterrupted enjoyment of the premises. It's mainly used to protect spouses, but can be done for anyone. It doesn't have to be measured by the beneficiary's life, either. Just a human life and conditioned by some event precedent or antecedent.

No, it can't be undone. Think of it this way, in effect it expires upon her demise, and passes to the siblings, their spouses, or issue.

No, she's entitled to use the property without conditions, such as never marrying, remaining chaste, if the Yankees ever win the pennant, I've seen 'em all! You can't recoup rent from her visitors. Heck, she could even rent rooms to boarders. The money would be hers exclusively.

Your gift is in fee simple, unlike your sister's. I suspect your patents did not see the financial calamity that has been foisted upon the entire planet.

Take heart in the fact my friend, that time marches on, and this too shall pass. I wish you Bon chance!

 

[avk2]

Thank you very much for your input, A. J.

I would like to add with all sincerity I agreed to the situation as I felt it was what my parents wanted - I believed I would never, ever need the $ from the sale of their home and I was OK with having the real estate potentially appreciate in value long term as a "bonus" for retirement etc. , which it has despite it being somewhat less well kept than I would like.

At the time they were both ill but still of sound mind - they were wonderful and loving parents and I did not want to question their decision. In hindsight I do not know why the lawyer who wrote it up didn't suggest conditions that could have been fairer to all in the long run. (i. e. Reconvene every 2-5 years and agree to the status quo, or not)
I could/should have done so as well. I deeply regret that I was more worried about my sister's welfare than everyone else's and I should have considered the long term impact on the entire family, not just how it helped her or made it easier to deal with her. I try to look at this awful situation as positively as possible, down the road the sale will be a blessing to several heirs and a multiple of what would have been realized back in 1996.

One of my brothers' spouses after their marriage (but probably well before) decided she didn't want to to have a relationship with us and their family became estranged; my parents revised their original will which had been a simple 5-way split in part to explicitly bypass her and all spouses but not grandkids- should a sibling pass on, their portion is left to their surviving children as beneficiaries. "Per stirpes"

 

[army judge]

One of the greatest way to honor someone, is to ensure their wishes are carried out upon their passing. Kudos to you for honoring their desires and not questioning them.

I had to do what you did for my dad and then my mom. I never wanted what they earned. I was happy to carry out their desires with property transfers to one of my sisters.

To me their love, parenting, care, and concern was worth far more than stuff. My dad gave me an antique shotgun that had been in our family for 150 years. He gave me his WWII scrapbook and mementoes, that I'll one day pass along to my sons.

You will turn things around soon.
You are able to do that, your sister isn't. God bless.