Northport, NY asked in Estate Planning for New York

Q: My mom passed 7/17, and had no will. My brother became sole administrator to estate,. I as other beneficiary still live

in the estate (house). Mom had 2 children. As administrator, does my brother have the legal right to kick me out of house, even being the other beneficiary of the estate?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: Yes, but there are things you can do. One thing you should do is become co-Administrator. Big mistake not to have done so. The administrator is supposed to liquidate assets. You can buy him out if you want to stay in the house.

Barry E. Janay agrees with this answer

Barry E. Janay
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: He will be able to sell the house, you should put an appearance into the probate court to be co-administrator.

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