Legal Question in Wills and Trusts in New York

I am the Executor of my mother's estate. Her home was in NY and my brother is still living in it and will not leave. He does not have the money to pay me my half of the home, however, he refuses to move out and have it sold. I have my Letters Testamentary from CA, where she was living prior to her death; however, NY still has not signed the Letters making me the legal Executor in NY. Can I do anything to legally force him out, so that the property can be repaired since he is a hoarder and has caused a great deal of damage? An attorney in CA is threatening to have me removed as Executor because I have not removed my brother from the house. Is there any recourse? I have been told that since he is half owner of the home, I can only remove him after the Letters from NY are signed.

Asked on 4/13/16, 4:48 pm

David Slater David P. Slater, Esq.

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Ancillary Letters must be issued in NY. Why are you procrastinating? Do you have a NY lawyer? Your brother should be paying rent.

Answered on 4/13/16, 7:56 pm

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