QUESTION
My stepfather recently passed I am executor of
Asked on Aug 09th, 2013 on Estate Litigation - Florida
More details to this question:
Will .his home was paid for and I am applying for homestead for me and 2 siblings none are minors in the will it does not state any instruction for sale of house he trusted me to be fair what it boils down to I am being contested by a charity to claims of sale of house the will does not state this my dad told me and several people I could give house away does charity have legal claim to monies from house and can they boot me as exectuor
2 ANSWERS
Contracts & Agreements Attorney serving Huntington, NY
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If the Will is silent as to the sale of the house and there are no restrictions, then you must comply with the state law. In New York, you are required to collect, sell, pay all liabilties of the Estate and then make distribution to the parties per the Will. The Charity can make an application seeking your removal for your failure to comply with NY State law unless you have a written agreement with all the parties regarding distriubtion.
Answered on Aug 13th, 2013 at 11:52 AM
You do not provide enough facts for an answer. The will will control the disposition of your step father's house. You should review the will and the claims made by the charity with an attorney.
Answered on Aug 12th, 2013 at 3:52 PM