Five Kids Inherit Grandma's New York House, and Then One Rogue Sibling Tries To 'Steal' It!

What happens when five siblings inherit grandma's house and only one wants to sell? Under New York law, an inherited house can be forced onto the market even when the rest of the family wants to keep it, and 60 to 75% of Americans die without a will, so most families never see it coming. A house that was once the center of a family can suddenly turn into a complicated legal and financial battleground when it passes to multiple heirs. In this episode of Do You Ever Wonder, Mike Haltman sits down with Ken Falcon co-founding and co-managing partner at Falcon, Rappaport & Berkman, and chair of its real estate group, to explore an issue with enormous potential consequences for families: heirs, property, and partition actions. ⏱️ CHAPTERS 0:00 Intro and why this topic matters 0:59 60-75% of Americans die without a will 1:26 Who is Ken Falcon - New York real estate attorney 2:16 Five heirs, one house, no will - what happens next 5:00 What is a partition action? 6:23 The investor play: buying 10% and forcing a sale 10:08 New York's heirs property law: mediation, appraisal and court oversight 13:46 What partition litigation really costs 19:05 How a trust keeps a house out of court 23:46 In terrorem clauses and attorney's fee clauses 25:30 Good faith - when a judge can throw the case out 28:04 Why a partition case takes years 30:15 The bottom line: get a will 32:30 Transfer on death deed - when it works and when it doesn't 37:26 How to contest a transfer on death deed 38:55 How to reach Ken Falcon 👉 Can one family member force an inherited house to be sold? 👉 What happens when an investor buys one heir's share? 👉 How does New York's Uniform Partition of Heirs Property Act (RPAPL § 993) protect families? 👉 What exactly qualifies as "heirs property"? 👉 Why does New York require a settlement conference before certain partition cases proceed? 👉 Why do heirs get an opportunity to buy out a co-owner? 👉 What happens when one sibling needs cash but the rest of the family wants to keep the house? 👉 Where is the line between a legitimate real estate investor and a predatory one? 👉 And how does this connect to the growing problem of deed theft in New York? Ken and Mike also discuss what title companies and real estate attorneys need to consider when an inherited property has multiple heirs on title, and, most importantly, what families should do now to prevent selling an inherited property out of necessity rather than choice. The conversation ultimately comes down to a simple question: If your family inherited a house together, would you know what happens next? Topics: inheritance, inherited property, probate, estate planning mistakes, selling inherited property, real estate, property rights, partition actions, and the New York laws designed to protect families. GUEST Ken Falcon - Falcon, Rappaport & Berkman 516-599-0888 | frblaw.com | kfalcon@frblaw.com ⚠️ Important: This discussion is for general educational and informational purposes and is not legal advice. Anyone dealing with an inherited house, a partition action or an ownership dispute should consult a qualified New York real estate attorney. ABOUT DO YOU EVER WONDER Do You Ever Wonder explores the questions behind the headlines—real estate, finance, economics, investing, law, politics, veterans, current events and the issues that affect our everyday lives. Hosted by Mike Haltman, CEO of Hallmark Abstract Service and a longtime real estate and financial professional. If this conversation made you wonder what would happen to your family's property, subscribe to Do You Ever Wonder and share this episode with someone who needs to hear it. inherited house #newyorkprobate #probatehomesale #probaterealestate #sellinginheritedrealestate #probateprocess #probatelaw #inheritedhouse #EstatePlanning #NewYorkRealEstate #RealEstateLaw #DeedTheft #FamilyWalth #NYCrealestate #longislandrealestate