Legal Question in Wills and Trusts in New York
father died and left house equally to three daughters.one sister wants to open built in pool and swim all summer. one sister doesn't want pool open. what is the liability if pool is open when no one lives at the house .will has come through probate
Asked on 4/25/12, 7:25 pm
2 Answers from Attorneys
Michael Haber
Law Offices of Michael S. Haber
It is decidedly unwise to have the pool open if nobody resides at the house. A swimming pool can be an "attractive nuisance" and necessitates that somebody be present.
It also may be that the insurance policy provides that there is be no protection available if the house is unoccupied.
Ownership is not only a series of benefits; it is also a series of responsibilities.
Maybe it's time to consider selling the house.
Answered on 4/25/12, 7:55 pm
David Slater
David P. Slater, Esq.
Until the title is transfered via probate, no one has any rights.
Answered on 4/26/12, 1:37 am
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