One of the most common problems and sources of estate litigation concerns the possession of estate property by third parties. In the typical case one of the assets owned by the decedent is property which can be in the form of a house, or a cooperative or condominium apartment. Once an executor or administrator is appointed to represent the estate, the fiduciary has the responsibility to take control of and protect the asset. When the estate property is occupied by a third party or surviving family member, the fiduciary may be prevented from securing the property or selling it to pay estate debts or distributions. The New York Probate Lawyer Blog has published many articles concerning evictions and estate property. This situation often results in estate litigation in either the local landlord-tenant Court or the Surrogate’s Court. New York City Estate Lawyers are familiar with these proceedings. Continue reading
A decedent’s estate is settled by either an Administrator or an Executor. The estate fiduciary typically retains a New York City Estate Attorney to provide legal representation regarding the initial fiduciary appointment and subsequent administrative tasks.
One of the most important responsibilities of the fiduciary is to identify and collect estate assets. The New York Probate Lawyer Blog has talked about this aspect of estate cases in many posts. It is common that the primary asset owned by a decedent is real estate usually in the form of a residence. Such property can be a single family home, or a cooperative or condominium apartment. Continue reading
One of the more common problems that an executor or administrator may encounter is an unauthorized occupant of a decedent’s real estate. The New York Probate Lawyer Blog has discussed this issue in a number of earlier articles. However, since this matter routinely occurs during the course of estate settlement, a review of the matter is appropriate.
The situation that is typically faced is that when a person dies owning real estate such as a single or multi-family home or property, there may be third-party individuals who continue to reside in the property. These individuals may be other family members or non-family friends or tenants. In a lot of these cases, these occupants do not have any leases or any right to continue occupying the property. Since it is the estate fiduciary’s duty to distribute the real estate to estate beneficiaries or to sell it to effectuate a payment to beneficiaries of their estate share, the fiduciary needs to have all occupants vacate the property. Continue reading
It is very common that a decedent is a tenant in a New York City Rent Stabilized or Rent Controlled apartment. The rules regarding such rent regulated housing are very complex and concern matters such as the amount of rent that can be charged and other landlord-tenant issues.
One of the aspects of rent regulated housing is that certain family members and other persons who had been living together with the decedent in a family relationship, are entitled to succession rights to the apartment. In other words, these survivors have the right to take over and become the new tenant under the lease in the place and stead of the decedent. Continue reading