Legal Question in Wills and Trusts in New York

i am the executor of my mother's home. my sister and i had a verbal agreement that she would leave the home by 1/26/12 so that we could sell said property. she now doesn't want to leave. what can i do to get her out


Asked on 1/09/12, 7:55 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

You may have to bring suit for eveiction, or get probate court to evict her.

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Answered on 1/09/12, 9:00 pm
Michael Markowitz Michael A. Markowitz, PC

Very difficult. You may not have grounds to evict her in landlord tenant court.

I would market the house with her in it. I would also start to charge her rent which would include real estate taxes and cost for upkeep of the house. If she refuses to pay rent and refuses access to a potential buyer, then you may have grounds to seek damages through the Surrogate's court.

Mike.

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Answered on 1/10/12, 5:57 am


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