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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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


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