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


Asked on 6/08/11, 7:56 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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.

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Answered on 6/08/11, 9:30 am


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