We are sole heirs of a property inherited from our father, which we chose to never probate (not illegal in NY). We have continued to rent the property, titling ourselves as Landlords/Executors on the Leases (Executors named by Will not probate). We are "owners" as tenant-in-common as per Will. We may need to evict a tenant and would like to know if we will have a problem presenting the Lease as titled to the Court due to the property being unprobated. My understanding is that it does not make a difference and the Lease still is a binding contract. We did not misrepresent ourselves under the Lease and have the right to manage the property as Landlords. Thank you.
As sole heirs and lessors, you have the right to bring an eviction proceeding. However, it would be wise to have the estate probated as soon as possible.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.