Legal Question in Wills and Trusts in New York

Estate/Will

I am the exector of my parents will. My brother is living there for $80 a week which he is not paying and I was told I can't go into the house without his permission. Is this true? How does the exector get the house ready for sale if not allowed in house. This is a real mess.


Asked on 4/06/09, 9:42 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Estate/Will

As the executor, you would have to commence an eviction proceeding against the brother since, in effect, the brother is a tenant.

By evicting the brother the estate would obtain possession of the house.

Mike.

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Answered on 4/07/09, 8:25 am


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