An executor of the estate effectively puts himself in the shoes of the deceased after the death of the deceased. If there is an outside tenant living on the decedent's property without proper rent payment, the executor has the right to initiate eviction proceedings, even if the tenant is a beneficiary of the estate. The short answer is yes, but it's an uphill battle. You deal with notice requirements, assumptions that tenants have rights, extensions, etc.
Evicting a tenant in a normal situation could take many months or years. To that we must add the complication that the heir is a partial owner. In our example where mom died with three surviving children, that adult child is still heir to a third of the estate, even if he leaves the house. So now psychologically it's more than just evicting a tenant, it's evicting a third of the landlord.
Both managers and executors can be tasked with liquidating properties and other real estate holdings. The money recovered from these asset sales will be deposited in an estate bank account and used to satisfy debts, such as creditor claims, legal costs and other expenses. Once all debts have been paid, the remaining funds will be distributed to the heirs of the deceased. Read on for information on the process of evicting a sibling from a deceased parent's home, along with tips on how to manage your responsibilities as executor.
In most cases, the executor or administrator has the power to sell real estate, even if the heirs do not give their consent. It is important to note that if the executor or trustee authorizes someone to live in the estate home, even if they are a family member, the family member must pay a fair market rent to the estate, unless all beneficiaries of the estate agree otherwise. In addition, executors must ensure that debts and creditors are satisfied, a process that may include liquidating stocks, mutual funds, bank accounts and real estate holdings. Because what the executor faces is not an eviction, but a determination of the right of each beneficiary to the property.
If you have been appointed executor or administrator of a parent's will, then the first step is to learn what responsibilities entail. When the executor of the estate requests the Landlords and Tenants Court to evict the beneficiary, the Landlord and Tenant Court may refuse, claiming that the beneficiary has the right to remain in the home as a partial owner. If you were appointed executor of a parent's estate, you are most likely responsible for distributing your belongings, selling assets, and deciding what to do with your home. New York Trust and Probate Attorney Jules Martin Haas has helped many clients over the past 30 years resolve issues related to landlord-tenant proceedings and estate liquidation throughout New York City, including Manhattan and Brooklyn.
If the person resides in the home without proper authorization from the executor or trustee, then they can be evicted using the same process by which the landlord could evict a squatting tenant. Once the receiver sells the property, takes his share and hands over the rest of the money to the estate, the executor can distribute the money to the beneficiaries of the estate. Judge Kelly explained that title to real property conceived under a will confers on the beneficiary at the time of the testator's death, unless the will indicates otherwise, the executor does not take title to the testator's real property, since title rests with concessionaires subject only to divestment pursuant to a court order to pay estate debts. Often, executors or administrators of a testamentary estate ask if they have the authority to file an illegal withholding of property owned by the estate.
While the trustee is only responsible for distributing the estate's assets, an executor has broader duties, including fulfilling all of the decedent's wishes as presented in the will. Otherwise, if the home is part of the estate, the executor has the authority to determine who can reside in the house. .