Legal Question in Wills and Trusts in New York

Re: home of deceased occupiped

Don't worry so much about the unpaid rent and expenses. This amount can be taken out of your sister's share of the proceeds of sale of the house. The important thing is to arrange for a sale of the house and this can be accomplished by making a written demand on your brother, who serves as the executor of the will. If he does not respond, you can then take appropriate action in the Surrogate's court to bring about a sale; although this may require the hiring of a lawyer.

Re: home of deceased occupiped

While I generally agree with Norman, I have not seen the Will and what, if anything it provides for this. While your sister may have an interest in the house and its proceeds when sold, unless the Will provides for her living there (and may or may not specify what bills she is responsible to pay) she is considered tantamount to a tenant and is responsible to pay many of the bills; particulaly but not limited to utilities, telephone, cable TV and such, and should also be partially responsible for taxes, insurance, etc. In some instances, home owners insurance could be terminated if the house were unoccupied for a period of time, so there is some benefit of having her live there. The Executor should keep a list of what bills are being paid and this can be worked out at estate settlement. While the late fall and winter are not the best times to sell a house, the Executor should be pushed to arrange for a sale. Your final recourse, if nothing gets done, is to file a suit with the Surrogate's Court to push these matters. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. Omitted facts could change the response.