Many estates in New York have assets that include real estate. The most common situation is that a decedent owned a single or multi-family home. Very often the home was the decedent’s residence at the time of death. Additionally, other family members may have been living in the home. The problem that is encountered is that the real estate residence needs to be sold or transferred as part of the settlement of the estate. The continued occupancy of the residence by family members can prevent the sale or transfer.
The New York Probate Lawyer Blog has discussed this issue in a number of earlier posts. There are a number of avenues that an estate executor or administrator can follow to seek possession of the property and evict the remaining occupants. A turn-over proceeding can be commenced in the Surrogate’s Court. Also, it may be possible to obtain an eviction in the local housing or Landlord-Tenant Court. These proceedings, whether brought in the Surrogate’s Court or the Landlord-Tenant Court, seek to have occupants removed from estate property. Continue reading