Legal Question in Wills and Trusts in New York
Father owned co-op studio with tenants living in it. Upon death, they stopped paying rent and refuse to move claiming to exploit sad event of ours. Co-op is still in dad's name so we cannot file or send notice of nonpayment, can we? It's just me and mother, do we need to probate first and wait long or we can send notice ourselves as mother most likely will be getting studio post probate. What do we do? do we need to have probate first before filing action against tenants? or we can file it NOW regardless of probating
2 Answers from Attorneys
If mom is not already owner by being a co-owner with dad and named on Deed probate is necessary so executor appointed can bring suit.
This is a problem all right.
Who is paying the monthly maintenance to the co-op board? Yes you can send letters and notices to the tenant. They probably know you don't yet have legal authority to file papers in the courthouse. But they'll probably understand that once you do have Letters Testamentary you'll sue them for the back rent, not just eviction. Title your papers "nominated executor under the last will and testament of [dad's name] dated [date of the will]." The executor in the will does have some obligation to protect the decedent's assets from waste even before probate.
Good luck.
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