QUESTION

As administrator

Asked on Mar 09th, 2018 on Trusts and Estates - New York
More details to this question:
As administrator of my uncle's estate, can I have another family member evicted from his home? the family member hasn't paid a dime in the last five years for anything. Or do I have to go through an ejectment proceeding?
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2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
As administrator you can bring an eviction proceeding.
Answered on Mar 10th, 2018 at 3:29 PM

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Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
As administrator of your uncle's estate you are obliged to marshal (collect) and distribute his assets. If the house was part of your uncle's estate, the question is, who now owns it? Who were the closest relatives that survived your uncle?  I am assuming you are either the owner or co-owner of this property. If you and this other relative jointly own the house, you are entitled to either the rental value of your share, or to be bought out, or to buy out the other relative and have them leave the premises. If you are the sole owner of the house you are certainly entitled to evict this person if they do not pay you rent. It's impossible to give accurate legal advice until you can accurately answer the question of who owns the house. If the person who lives in it is now sole owner, they have no obligation to anyone to do anything.
Answered on Mar 10th, 2018 at 9:27 AM

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