Legal Question in Wills and Trusts in New York

Re: Can executor evict stepsister if will say so

The Will controls. Since your dad never adopted his wife's daughter she has no inheritance rights through him, at law or by statute. Once appointed as Executrix, you are duty bound to follow the terms of the Will. Since the step-daughter has no rights to dad's estate, and presuming she has no document authorizing her to live in the house, you can have her evicted. While there are no legal rights, the natural children may feel some moral obligation if dad treated her the same as the natural children.

Re: Can executor evict stepsister if will say so

My condolences on your loss.

I do not know your relationship with your step-sister, but you do not sound 'close'. Your father, by his will, indicates that he is not comfortable having someone like that in your life.

The step-sister, in the absence of an adoption, has no claims or interest in the estate outside of those enumerated in the Will. And the will gives her nothing.

Your question centers on the will's order of eviction. This is more complicated.

(1) If you do not want to evict her, then you can take her to NY Civil Court "Housing Part' for an action called 'ejectment'. Every time it comes up, say the parties have agreed to an adjournment.

After the will is probated and the ownership/disposition of the house is completed, then the probate estate is 'dissolved'. At that time you can have the Housing case dismissed.

You will have conformed with the will and your sister will still be in place.

(2) If you want her evicted, find a competant 'Landlord & Tenant' attorney who will file for 'ejectment' in a summary proceeding and she will be out in 60 days. You do not need a reason or legally sufficient cause to eject her. Your status as executrix and the will are enough.

I am available for the 'ejectment' action. I regularly practice in Housing Court.

In addition, you are welcome to a consultation for no fee.