QUESTION

Can I just go in and remove my father's belongings

Asked on Jan 02nd, 2021 on Estate Planning - New York
More details to this question:
My father lived with my brother in his house. He just passed away. He left me everything in his will and now my brother is refusing to lete in his house to get my father's belongings. What can I do
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2 ANSWERS

Estate Administration Attorney serving New York, NY at Damien Bosco, P.C.
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Hello: I am an Attorney in New York. The named executor in the Will can petition the court to probate the Will to represent the estate to gain access to the premises of the decedent. When there is a need to act fast, the executor can request preliminary letters testamentary. An executor named in the Will may file with the court a written request for issuance of preliminary letters testamentary. One reason is to obtain access to the premises of the decedent to preserve and inventory assets. At the same time, if the decedent had been living with someone at the time of death, that person has a right to stay on the premises as a tenant that is entitled to proper notice to vacate the premises according to the landlord-tenant laws. If the tenant is refusing access, there may be a need to request judicial intervention to get a court order for entry.
Answered on Jan 04th, 2021 at 4:01 AM

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Wills Attorney serving Austin, TX
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You do not write whether the Will has been submitted for probate and you have been appointed executor.  The court-appointed executor has authority over the deceased's belongings. 
Answered on Jan 03rd, 2021 at 5:04 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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