Grandmother left house to me, family wont leave so I can sell…what recourse do I have

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Grandmother left house to me, family wont leave so I can sell…what recourse do I have

I now own a property in which both my uncle and brother pay rent. It was my grandmother’s home up until last year, she has passed away and I would like to sell. I have told them of my intention, there is no lease and they pay month to month, my brother stopped paying last month….

Asked on May 12, 2009 under Real Estate Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Once the will has been sent for probate and you are given letters Testamentary you can then move to evict the tenants, your uncle and brother. This is done by serving each of them with a 30 day notice to quit the premises. It is a form that can be obtained at a stationary store or online. It must state a date certain for them to leave the premises. Normally it is done by the first of a particular month. It can also contain a particular dollar amount that you will seek for use and occupancy if they are still there after the 30 day expiration. The service should be done by someone other than yourself. Once the date has expired you can file a petition and notice of petition for a holdover proceeding with your local civil court. (ON long Island  and most upstate Counties it is district or Town Courts, In City it is housing courts). You then appear on the court date and either work out a resolution or have a Judge evict them.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the Will has been admitted to probate, and the executor conveyed title to you (or you held it in joint tenancy so title passed to you at her death) the property is yours.

You could go to court to get an eviction order. A wiser approach might be to have a lawyer explain to your family members (remember they will be your family members forever so some wisdom in dealing with them is called for) the property is yours, you want or need to sell it, that it can't be effectively fixed up and readied for sale with them there, and their presence lowers the market value. This is nothing personal just good business sense, and they can get another place to live.

 


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