If I’m 1 of 2 beneficiaries of my father’s 2-family home and the other beneficiary fell on hard times and asked to live in the house, how do I now get them to leave?
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If I’m 1 of 2 beneficiaries of my father’s 2-family home and the other beneficiary fell on hard times and asked to live in the house, how do I now get them to leave?
The person did not pay any bills or have any utilities in their name. After 3 months I asked them to move out but they refused. How do I remove the person from the house? I am also the executor of the estate.
Asked on May 23, 2013 under Estate Planning, New York
Answers:
Michael Santucci
Answered 10 years ago | Contributor
First you must look to the wording in the Will to determine the right of the beneficiary to reside in the house. You also need to determine whether the beneficiary was given the share of the house as a specific bequest in the will. If so, than you may need to bring a lawsuit to force a sale of the house called Partition. Otherwise as executor you are vested with the power to sell or commence eviction proceedings
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