New York, NY asked in Real Estate Law, Estate Planning and Probate for New York

Q: Real Estate issue

Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart, unfortunately passed away last year and now my aunts who have done nothing to help while she was alive and only ever cared about my grandmothers money have swooped in to sell her brownstone. They told me it will be gone in 2 weeks while I am still living here with my daughter. I have nowhere else to go and it is devastating for me to lose the home I love more than anything. On top of the tremendous loss of my grandmother, I’m now on the verge of being homeless with my daughter because our home is going to be taken away from us. Is there anything I can do to save our home?

4 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: It depends on who owns it now. You would need to be formally evicted by the buyer. If you do not own it at all, you have a moment of leverage to ask for money to relocate, which will facilitate the sale. You can hire a lawyer to look into it for a small fee.

Carl Nelson and Peter J. Weinman agree with this answer

Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would need to obtain a judgment of possession and warrant to evict you from Housing Court or another court of competent jurisdiction.

Jack Mevorach
Jack Mevorach
Answered
  • Cedarhurst, NY
  • Licensed in New York

A: Have a free telephone consultation with counsel.

Jack

Alex B. Pia
PREMIUM
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Answered
  • New York, NY
  • Licensed in New York

A: This is a question for a probate/estate attorney. Feel free to contact me, as my office handles these types of matters regularly.

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