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partition action New York

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  • partition action New York



    My mother and her sister married brothers and were left with a parcel of land that is approx. 10 acres of commercial frontage and approx. 38 acres of ag. property. ( The brothers are deceased) The sister has filed a partition action against my mother who still lives on the property. My parents are the ones that made sure taxes were paid and made the decisions on the property. They even paid my aunt and uncles share of the taxes a couple of times because my uncle lost his job.

    My mother would like to buy her share of the ag and sell the commercial parcel. However the partition is on the entire property. Through negotiation we have tried to keep this out of the court. We have listed the property twice and it did not sell. (time frame is about 4 years.) My Aunt is looking for a huge payday and will not allow my mother to buy her share of the ag. parcel. Long story short my mother been paying a lawyer this entire time. As of late we had a good offer (cash) but because it is a friend of my mothers they will not consider it. Can you see where this is going? They will never agree. My mother does own quite a bit of other commercial property and thank god that is hers alone! Our lawyer believes that my aunt is looking for a pay day. Here is where we are, we are answering the partition by saying go ahead and send it to auction. We do realize the impact of this. However at this point my mother wants to be done with my aunt once and for all. Isn't this a sad state of affairs. This would not even be an issue if only my father were alive.
    What is the procedure if the court forces the sale? Any options?
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