Legal Question in Wills and Trusts in New York
Mother leaves will with second son being executor of her estate. Brother #1 lived with mother when dies. Mothers which is to divide house in 4 equal parts For her children. Does son #1 have squatters rights and prevent the sale of house.
Asked on 9/21/14, 8:19 pm
2 Answers from Attorneys
Walter LeVine
Walter D. LeVine, Esq.
Possibly. Mroe facts need to be known. Was this son a minor, incapacitated, on a lease, paying any of the costs of maintaining the house, like taxes, utilities, etc.? In most cases, any occupancy rights can be terminated to allow a sale, but he may have rights.
Answered on 9/21/14, 10:17 pm
David Slater
David P. Slater, Esq.
Generally no. Has the will gone to probate?
Answered on 9/22/14, 8:58 am
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