Legal Question in Wills and Trusts in New York
i was named executor in my dads will. my nephew is contesting the will. he wants his fathers share as his father/my brother is deceased for many years and my father did not want to leave anything to my nephew. in the meantime property taxes are due on the house. can i rent the house out in order to pay bills on the house
1 Answer from Attorneys
As executor you are allowed to take all reasonable action to protect and preserve assets, so this authority could allow you to rent the property. However, I have not seen the Will involved, which may limit your authority or grant you very broad authority. Likewise, I do not know if the Will covers the situation involving your nephew. Traditionally, where there are multiple children, a Will provides that if a child predeceases his parent, his share goes to his children. This could be different in your situation and only by reading the Will can I respond. This is an response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.
Related Questions & Answers
-
If you are served a subpeona and you dont show, what can happen Asked 6/02/11, 9:28 am in United States New York Probate, Trusts, Wills & Estates
-
My anut died we only have a copy of her will is it vaild? Asked 5/31/11, 1:06 pm in United States New York Probate, Trusts, Wills & Estates