Writ of Execution & Partition Suit

[corco99]

My sister (wrongfully) obtained a judgment for attorney fees in a lawsuit against me and my brother in February. [She won a declaratory judgment even though the judge had dismissed our suit for lack of standing.] We own no non-exempt property except our mother's property, which the three of us own jointly. The property is still in the hands of the court appointed guardian even though my mother died in January.

My sister has refused to sell the property so we can pay her the judgment and be done. Instead, she has filed a Writ of Execution to levy against each of our 1/3 interests, so she can get the entire property for nothing and still have a judgment. I made her a bona fide offer to buy me out, but she refuses to negotiate.

I am disabled and have limited resources. Legal Aide turned me down when I wanted to appeal the judge's ruling.

Isn't there some way to quash this Writ and force her to sell? I know a partition suit is very costly, but I do not know what else to do.

I am the executor of my mother's will, but we have not probated yet. There are no debts and no other assets. Can't I open an administration and sell as executor. (And yes, she will likely contest this.)

Any help or suggestions would be most appreciated.

Thanks.

Jack

 

[Michael Wechsler]

I'm sorry to hear about what your sister has done. However, the writ of execution to levy doesn't mean that she just gets your 1/3 interests for nothing. Each of you may own a 1/3 indivisible interest in the property.