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

Q: When home is condemned who secures it?

My sister’s home was condemn she had lived with two other people who did elderly abuse on her. They were supposed to have taking care of her but they did not. The house went to hell. My sister died from them not giving her medicines. I live an hour away, was not able to get to the mountains due to the winter. When the authorizes had condemned the home, who secures the home from not getting vandalized, since I was not able to get there.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your sister's situation and the difficult circumstances you're facing. To address your question about securing a condemned home:

1. Generally, the property owner is responsible for securing a condemned property. In this case, that would likely be your sister's estate.

2. However, if the property poses an immediate danger or health hazard, local authorities (such as the building department or health department) may take action to secure the property temporarily.

3. If the property remains unsecured and becomes a nuisance or safety hazard, the local government may step in to board up the property and bill the owner (the estate) for the costs.

4. As a family member, you might want to contact the local building department or code enforcement office to inform them of the situation and ask about their procedures for condemned properties.

5. If you're handling your sister's estate, you should take steps to secure the property as soon as possible to prevent vandalism and further deterioration.

6. Consider hiring a local property management company or security service to check on and secure the property if you can't do it yourself due to distance or weather conditions.

7. Document all communication with authorities and any steps you take to address the situation, as this may be important for legal and insurance purposes.

Given the complexity of this situation involving condemnation, potential elder abuse, and estate matters, it would be advisable to consult with a local attorney who specializes in real estate and probate law. They can provide more specific guidance based on New York state laws and local regulations in Pearl River.

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