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Q: What can I do if the executor hasn't recorded the will and shown it to beneficiaries?
I am a beneficiary of my late mother's estate along with my brother. My daughter is the executor but has not shown me the will or read it. It's been a year and a half since my mother's passing, and the will has not been recorded in court. My daughter claims she's almost done... View More 
Bruce Adrian Last
answered on Jul 27, 2026
answered on Jul 27, 2026
In California, the person in possession of a decedent's will must "lodge" the will with the clerk of the court for the county where the estate would be administered (probated) within 30 days of when they found out the decedent died. (Prob. Code, § 8200.) This applies even if the... View More
Q: Do I have legal rights to stay in a home after 30 years of financial support?
I have lived in the same home since 1977, with both my parents' names on the deed. After my father passed away in 1986, my mother and I lived alone in the home since 1989. My sister stopped contributing financially when she moved out that year, leaving me as the sole sibling sharing expenses... View More
Thomas Anthony Sirianni
answered on Jul 27, 2026
answered on Jul 27, 2026
I am a New York real estate attorney with 27 years of practice on Long Island.
The hard truth first: in New York, decades of paying the taxes and caring for your mother, standing alone, do not make you the owner of the house. If the notarized will cannot be found, the law presumes your... View More
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Q: How can I address tenant harassment and rights violations in my rent-stabilized building in Brooklyn?
I live in a rent-stabilized building in Brooklyn, New York, and am facing severe issues with my landlord and superintendent. Being legally disabled in one eye, I was pressured and coerced by the superintendent to mop areas I shouldn't have, resulting in me injuring my shoulder, potentially... View More
Thomas Anthony Sirianni
answered on Jul 27, 2026
answered on Jul 27, 2026
I am a New York landlord-tenant and real estate attorney with 27 years of practice on Long Island.
You have real, enforceable rights here, and being behind on rent does not erase any of them. In New York City, tenant harassment is illegal under the Housing Maintenance Code, and what you... View More
Q: Is a HELOC valid with one signature if two owners are on the deed?
In New York State, I took out a HELOC loan for a property, but although the deed lists two owners, only one of us signed the loan documents. I was unaware of this at the time. Given that both names are on the deed, is the loan still valid when only one owner has signed?
Thomas Anthony Sirianni
answered on Jul 27, 2026
answered on Jul 27, 2026
I am a New York real estate attorney with 27 years of practice on Long Island.
The loan itself is almost certainly valid, but there is a critical distinction between the debt and the lien. The person who signed the HELOC documents is personally on the hook for the money. What one signature... View More
Q: How can I help my son move out of our NY home safely?
I live in Ontario County, New York, and my 36-year-old son moved back home to recover from a shoulder injury, with a verbal agreement to stay for about a year. He hasn't contributed financially or otherwise to the household and refuses to leave, claiming we can't make him go. He has... View More
Thomas Anthony Sirianni
answered on Jul 27, 2026
answered on Jul 27, 2026
I am a New York landlord-tenant and real estate attorney with 27 years of practice on Long Island.
Your son is wrong that you cannot make him go, but he is right about one thing: you cannot simply throw him out or change the locks. In New York, an adult family member who has lived in your... View More
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