Jamestown, NY asked in Real Estate Law for New York

Q: Can the executor of a will sell a house that a family member is still living in?

My grandmother passed in September of 2019, and her will was made out back in 2003, when I was underage. I've been living with her in this house since 2002. Her niece is the executor of her will and is making plans to sell this house with me still living in it and I can't seem to get a word in edgewise with her over it. How do i go about stopping her from doing so?

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: You don't. The executor must follow the terms of the will. If the house is to be sold, then it must be sold. Since it will sell for more without you in it, there is some opportunity to negotiate a buyout of your tenancy. Obviously, it would have been nicer for your grandmother to have revised her will later on when it was clear you were depending on the house, but this happens all the time.

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