Legal Question in Real Estate Law in New York

Home for Salelj

I am the executor of my mom's estate and I am in the process of preparing the home to be sold, but my dad, who wasn't married to my mom, divorced 1985, we allowed him access only to help to care for her in her final days, and doesn't want to vacate the premises. Do I have the right to remove him from the home according to the NYS law?


Asked on 7/08/08, 8:52 am

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Home for Salelj

Yes. You granted your father a license to enter the home to care for the mother. The house is now part of your mom's estate. You would have to revoke the license and commence a summary proceeding (landlord - tenant action) to evict the father.

Mike.

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Answered on 7/08/08, 9:05 am
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Home for Salelj

1. You oR someone else would have to be in a position of authority (either executor or administrator)to pursue this matter further.

2. You must give a 30 day notice delivered before the first of the month.

3. You can then commence a proceeding to have him evicted.

If you would like to discuss this further, please feel free to contact me.

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Answered on 7/08/08, 10:03 am


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