Legal Question in Civil Litigation in New York
Grandma Is Being Held Captive
My grandmother died in September of 2003. My cousin, (whom she raised from young)lived with her in public housing and name was on the lease. The problem is once my grandmother passed he changed the locks to her home. (My grandmother wanted everyone have a key) He will not allow my mother or my aunt to retrieve childhood momentums ex. baby pictures, pots (she was the best cook). Only things of personal value. What can be done and how can they go about getting items that mean so much to us and that were meant to be passed down to the all the grandchildren.
2 Answers from Attorneys
Re: Grandma Is Being Held Captive
The only method is to establish an estate for your grandmother and your mother will probably be the proper administrator of that estate since it sounds like she is the appropriate next of kin. Your cousin would then be subpoenaed to Surrogate's Court to produce your grandmother's belongings and to identify and account for them. Our office handles this type of work. If you wish to have a consultation please call my office for an appointment.
Re: Grandma Is Being Held Captive
Since he was on the lease he has rightfull possession. If she died without a will her estate is distributed by the laws of intestate succession of NY. An administrator will have to be appointed by the court.
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