Legal Question in Wills and Trusts in New York
Estate/Will
I am the exector of my parents will. My brother is living there for $80 a week which he is not paying and I was told I can't go into the house without his permission. Is this true? How does the exector get the house ready for sale if not allowed in house. This is a real mess.
Asked on 4/06/09, 9:42 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Estate/Will
As the executor, you would have to commence an eviction proceeding against the brother since, in effect, the brother is a tenant.
By evicting the brother the estate would obtain possession of the house.
Mike.
Answered on 4/07/09, 8:25 am