Help my executor wants me evicted and I'm the heir

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Latest post 11-08-2010 4:50 PM by Drew. 6 replies.
  • 11-05-2010 11:24 AM

    • sammy2255
      Consumer
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    • Joined on 11-05-2010
    • NY
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    Help my executor wants me evicted and I'm the heir

    Hi I will try to make this short.  My father asked me to move in with him and take care of him.  He had Parkinsons and was wheelchair bound.  I was his caretaker and nurse for two years before he died peacefully in his home with help from Hospice.  After my father passed I stayed in the home and took care of his property.  My father left his home to myself and my two other sisters in his will.  My father was unable to care for his property and it got rundown.  I injured myself taking care of my father from lifting him and am unable to do a lot.  I hire teens to cut the lawn and trim etc etc.  The executor is selling the house but its a slow market and the house isnt selling.  My sisters are complaining Im not fixing up the house to make it look better to sell and the executor wants me out of the house so he can show the house whenever he wants without having to make arrangements with me to show it.  The eviction notice says that the rent expired a month ago and the agreed upon time perios of the verbal/written agreement has ended.  There was no such agreement between the two of us written or otherwise.  Im as dumb as mud when it comes to the law.  The executor is a lawyer and he wont explain to me the law as to why I'm being evicted.  He just tells me he can do what he wants and I cant do a thing about it.  I talked to legal aid and they told me I have to go to surrogate court to get the eviction stopped but when I went there they dont know what Im talking about.  I called Tennants Rights and they told me the executor has a right to evict me and doesnt need a reason.  I pay the bills to run the house but no one asked me to pay rent.  My sister told me I have been living in dads house at their expense but where were they when I was taking care of dad and taking care of dads house?  I hope someone can help me so I know what I am doing when I go to court.  Also the executor told me he is making me pay for the eviction.  I live in New York.

  • 11-05-2010 2:04 PM In reply to

    Re: Help my executor wants me evicted and I'm the heir

    The executor is probably correct. His obligation is to protect and administer the assets of the estate first.

    If it takes vacating the house to prepare it for sale, then that's what it takes and the eviction is proper.

    You've basically got three choices:

    1 - Spend lots of money on a lawyer and probably end up evicted anyway. Or

    2 - Quit spending your money on the house and find another place to live. Once the house is sold and the estate is closed you'll get your share of whatever money is distributable.

    3 - Find youself a home loan and buy the house from the estate.

    And, yes, if the eviction is proper, the court can order you to pay for it.

     

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  • 11-05-2010 5:26 PM In reply to

    • sammy2255
      Consumer
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    • Joined on 11-05-2010
    • NY
    • Posts 3

    Re: Help my executor wants me evicted and I'm the heir

    There is no money in the estate.  I don't know where all the money is going to come from.  There isn't even money to pay the upkeep on the house which I was paying.  I find it hard to believe that in this country someone can be evicted for no reason and forced to pay for it too.  Now I know why there are so many homeless people.  Thanks for your answer.  I'm going to be careful how I write up my will and who I appoint executor.  I don't want my  children homeless which is where I'm going.

  • 11-08-2010 7:50 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,323

    Re: Help my executor wants me evicted and I'm the heir

    Well its not quite true that that executor can do as he wants or that the court will award costs to the executor.

    The practical matter is you need to cooperate with the estate getting the property sold or else you sort out how to buy the property from the estate. And it makes little equitable sesne that you get a rent free ride.

    There are two views of your status--

    1 is as an invited guest--and the person who invited you or his executor is essetially free to say invitation is up, goodbye.

    2 is as a tenant --if you take the position you were a tenant I  suspect you can gum up the executor for a round or two of due process preceeding before he can properly evict you. Tenants have piles of rights in NY -read up on same  -but all you are likley to do is shift out the end date by a couple of months.

     



  • 11-08-2010 8:19 AM In reply to

    Re: Help my executor wants me evicted and I'm the heir

    Whether you pay rent or not, you are, by default a tenant. You may want to speak to a lawyer about billing the estate for the upkeep costs that you have incurred since your dad passed away. I would also start looking for a place to live. You could make an offer to the estate's attorney to move out quicker if they offer a financial incentive paid upfront in cash. That could ease your costs to move.

  • 11-08-2010 11:58 AM In reply to

    • sammy2255
      Consumer
    • Not Ranked
    • Joined on 11-05-2010
    • NY
    • Posts 3

    Re: Help my executor wants me evicted and I'm the heir

    I have to go to court next week to be evicted from my fathers house by the executor.  I guess the judge will decide when I have to leave.  The house did sell last year but the septic system didnt pass inspection.  It was convenient for them to have me in the house so I could let the men in the house to install the septic.  Now that the work is done I have to be out of the house.  Thank you for your help.  I cant afford a lawyer but I do qualify for legal aid except legal aid doesnt go to court with me for evictions.

  • 11-08-2010 4:50 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,323

    Re: Help my executor wants me evicted and I'm the heir

    I am NOT so sure that an adult child living with own parent  in parents home  also occupied by parent  constitutes a tenant  in context of NY L-T laws--which I have NOT read. You best go back and read definitions of key words like  tenant, dwelling unit  etc in NY laws.  Details matter and in some states that arrangement inside parent 's home would NOT create a L-T situation... Study up on NY details before you go to court?



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