Can beneficiaries of a Willevict a third party living in a home they are to inherit if this party has been given permission to stay by the executor?
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Can beneficiaries of a Willevict a third party living in a home they are to inherit if this party has been given permission to stay by the executor?
Father and stepmother own a home. Father put in VA hospital 2 years ago. Stepmother invites her nephew to live in house. Stepmother passes away in December. Her nephew stays in house. Father passes away in March. Will states that the home and its contents are to be sold and divided up between the 5 grandchildren. Nephew has let his family into the home to take what they want, which was anything of value. Stepbrother (Executor) doesn’t seem concerned and has said the nephew can live there until June. Can my sister and I (father’s biological daughters) do anything to get this person out?
Asked on April 14, 2011 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss and for your situation. It seems from the way that you have written this question that the Executor is not acting in the best interest of the estate. He should at the very least be collecting rent and preserving the assets which you claim are being dissipated by the nephew. I would speak with an attorney in your area about bringing an action to remove the executor and having someone else take his place. It will cost you out of pocket but it may cost you more in the end. And maybe flexing your muscles is enough to scare the executor in to acting properly here. Good luck.
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