can I charge an heir use and occupancy fee

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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 1 year 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.


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