Legal Question in Real Estate Law in New York
Right of occupancy
Last yr I was mentioned in my uncle's will having 'right of occupancy' to a beach bungalow in LI. It is to remain in effect until my death or abandonment. The newly named owner to the property is someone I do not know and lives out of state. I do have a mean to contact them. I am confused as to what my rights are. My deceased uncle set up a trust fund which covers the expenses to the property. So when I use the place, is it the 'owners' responsibility to up-keep the property, pay for electric turn on the heat, make the repairs etc. What about liability? If I have friends over and something happens who is responsible? Can this person prevent me from driving on the property to get to the house since all I have are rights to the house? This new owner expressed an interest to rent it out and wanted my permission to do so. I have not given him permission as of this date. Any advice or precautions I should take, I would greatly appreciate. Thank you.
1 Answer from Attorneys
Re: Right of occupancy
The identity of all beneficiaries is a
matter of public record, and can be found
in the Surrogate's file. A review of this
file will give you the name and address and
you can contact them directly regarding your
concerns.
Your rights and obligations are also probably
better defined by what is said in the Will
An attorney versed in both Real Estate and
Estate Law should review this with you.