Legal Question in Wills and Trusts in New York

my dad will says to evict stepdaughter from his house

Dad left a will, upon his death,he stated in his will to evict his stepdaughter from his house. stepdaughter does

not have dad last name, was never adopted. Dad has 3 biological kids, and 1 stepdaughter who resides in his house

Dad made me exector of his estate, I'm his oldest biological

daughter. dad has 3 biological adult children, and 1 stepdaughter. Dad left me his oldest 1/2 of his 2 family house, and the other 1/2 to be divided among my other 2

sisters. He stated in his will he was diinhereting his

stepdaughter and upon his death, he wants the stepdaughter

to vacate the premises. As executor of the estate can I evict dad stepdaughter, which she refuses to leave the house

stepdaughter lives in dads house, but dad will state upon

his death, for her to vacate his house. Thanks


Asked on 11/14/03, 8:52 pm

4 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: my dad will says to evict stepdaughter from his house

Since the house is now owned by you and your siblings, even if the will did not say to evict her, you can evict her UNLESS she has a written lease. Give her 30 days written notice to vacate.Good Luck!

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Answered on 11/15/03, 9:27 am
Arnold Nager Arnold H. Nager, Esquire

Re: my dad will says to evict stepdaughter from his house

Give her 30 day's notice and if she does not move out, evict her.

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Answered on 11/15/03, 8:50 pm
Walter LeVine Walter D. LeVine, Esq.

Re: my dad will says to evict stepdaughter from his house

As a stepdaughter she has no inheritance rights through your father. The Will has confirmed this. As the owners of the house, you and your siblings have the right to evict her, unless she has a written lease. If she has no lease, give her 30 days notice to vacate and then you may have to sue in Landlord/Tenant Court to have her formally evicted.

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Answered on 11/18/03, 10:56 am
David Slater David P. Slater, Esq.

Re: my dad will says to evict stepdaughter from his house

Once appointed executor of his estate you will be authorized to evict her unless she has a written lease.

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Answered on 11/15/03, 3:12 am


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