can I charge an heir use and occupancy fee

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

can I charge an heir use and occupancy fee

one heir took possession of estate assets rental apartment. refused to vacate.
evicted by court order. In New York. its my understanding I can charge use and
occupancy fee during the period outside the legal holdover period.

Asked on June 26, 2019 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can, because the fact that they would later (when probate is done) inherit from the estate does NOT let them take possession or use estate assets during the probate process. Until probate is over, they have the same relationship to the estate's property and assets as any other 3rd party, and so no right to holdover.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption