Can beneficiaries of a Willevict a third party living in a home they are to inherit if this party has been given permission to stay by the executor?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can beneficiaries of a Willevict a third party living in a home they are to inherit if this party has been given permission to stay by the executor?

Father and stepmother own a home. Father put in VA hospital 2 years ago. Stepmother invites her nephew to live in house. Stepmother passes away in December. Her nephew stays in house. Father passes away in March. Will states that the home and its contents are to be sold and divided up between the 5 grandchildren. Nephew has let his family into the home to take what they want, which was anything of value. Stepbrother (Executor) doesn’t seem concerned and has said the nephew can live there until June. Can my sister and I (father’s biological daughters) do anything to get this person out?

Asked on April 14, 2011 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for your situation.  It seems from the way that you have written this question that the Executor is not acting in the best interest of the estate.  He should at the very least be collecting rent and preserving the assets which you claim are being dissipated by the nephew.  I would speak with an attorney in your area about bringing an action to remove the executor and having someone else take his place.  It will cost you out of pocket but it may cost you more in the end.  And maybe flexing your muscles is enough to scare the executor in to acting properly here.  Good luck.


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 with SHA-256 Encryption