Legal Question in Real Estate Law in New York
hello my mom died 2yrs ago and was in a common law marriae we want to sell her home now and her partner still lives in the home sed to and has not...thank youand we would like to know how we can get him to move out as he promi
2 Answers from Attorneys
I do not know what you mean by common law marriage. In New York you are either married or not. I assume you mean that mom and partner resided in the house together.
If the partner is not in mom's will, you would have to commence an eviction proceeding as either an administrator (without a will) or executor (with a will) of your mother's estate.
Mike.
Yes, you would likely need to initiate proceedings for his eviction.
We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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