Legal Question in Real Estate Law in New York
Sold house deeded to me by mother before death and brother refuses to vacate by
My mother deeded me her house through a life estate in 2/01 she passed away in 6/01.I decided to sell in 5/03 and let my brother know out of consideration,and I found buyers immediately.Before signing a contract I told my brother who has an office in the house's basement where he runs his family business that I was going to accept the buyers offer and enter into contract w/them.I did and closing was originally 8/03 and he didn't feel that was enough time so i persuaded the buyers to extend til 9/03 out of consideration for him.Now 9/15/03 is the closing date and he is giving me a hard time about getting his stuff out!He does not pay any rent or any of the bills except a phone bill.How can i get him out before the closing date??? And what rights to the property if any does he have???
2 Answers from Attorneys
Re: Sold house deeded to me by mother before death and brother refuses to vacate
If he has no vested interest in the property you can certainly start a summary proceeding to have him evicted....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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Re: Sold house deeded to me by mother before death and brother refuses to vacate
If he does not leave voluntarily, you'll have to evict him. However, depending on the terms of the contract, on September 15th you may be forced to either buy your brother out or discount the purchase price to avoid a lawsuit. I suggest you consult a qualified real estate attorney immediately. My office number is 212-367-9167. I do not charge a fee for the initial consultation.
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