Huntington, NY asked in Landlord - Tenant, Real Estate Law and Probate for New York

Q: My Sister in Law and I are Tenants in Common. The house is filled with the personal property of original owner.

This house passed to us immediately upon the death of the Life Tenant - outside if probate. An Executor or Adminstrator has not yet been appointed by the Surrogates Court. The personal property contained within the house must eventually be distributed to the beneficiaries in the former owners will. How do we get this house emptied of this property in the absence of an appointed Executor - so we can start enjoying/or sell the house. Can we empty the house and put these belongings in storage / and then recover thre costs of moving and storage from the estate?

1 Lawyer Answer
Jack Mevorach
Jack Mevorach
  • Cedarhurst, NY
  • Licensed in New York

A: I wouldn't. The house should be secured by the fiduciary and then the personal property can be inventoried.


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