Legal Question in Wills and Trusts in New York

Father and stepmother own a home. Father put in VA hospital 2 years ago. Stepmother invites her nephew to live in house. Stepmother passes away in December. Her nephew stays in house. Father passes away March. Will states that the home and its contents are to be sold and divided up between the (5) grandchildren. Nephew has let HIS family into home to take what they want, which was anything of value. Stepbrother (Executor) doesn't seem concern and has said the nephew can live there until June. Can my sister and I (father's biological daughters) do anything to get this person out before own children's inhertidance is dwindled down?

Thank you for your help (from one more dysfunctional family)


Asked on 4/14/11, 4:51 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

You would have to pressure the executor since he is the one in charge of the estate. This would require filing a Miscellaneous Petition with the Surrogate�s Court. You do not have standing to remove the Nephew from the house.

Mike.

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Answered on 4/14/11, 5:11 am


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