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woodstock_todd · Nov 14, 2012, 07:39 AM

My mother died in New York State in May 2009. She had a will and left everything including her house to myself and my two brothers. The oldest brother (a lawyer in a different state) was designated the executor by my mom and my other brother lives in my mothers house with his wife and two children. They have never been forced to pay rent since my mom died, and we have encouraged them for years to move out of her house even before my mom died (she wanted to sell years ago). Although they have often said they were trying to find a place to go, they just squat there. My executor brother, out of family loyalty and pity for the kids, has been reluctant to force them out (by eviction if necessary) to settle the estate. For various reasons, it is imperative that the house be sold and the estate settled. How would an executor perform the process of eviction in this case and if he were unwilling to do it do I have any recourse?

joypulv · Nov 14, 2012, 08:59 AM

Probate is over, I assume?
The executor evicts according to the laws of the state, with a notice to leave first and then formal process in the court (NY?) followed by a sheriff removing their possessions and padlocking the door, if necessary.
If the executor won't do this, then you file in court for partition, forcing sale of the property.

AK lawyer · Nov 14, 2012, 09:40 AM

Originally Posted by woodstock_todd

... How would an executor perform the process of eviction in this case ...

Actually, whether they are evicted or not is none of your business. What is your right is that the property be sold and the estate distributed in a timely manner.

Originally Posted by joypulv;

... If the executor won't do this, then you file in court for partition, forcing sale of the property.

Actually, I would apply to the probate court to require the executor to sell the property or, if he fails to do so, to replace the executor.

woodstock_todd · Nov 14, 2012, 10:03 AM

Originally Posted by AK lawyer

Actually, whether they are evicted or not is none of your business. What is your right is that the property be sold and the estate distributed in a timely manner.

Actually, I would apply to the probate court to require the executor to sell the property or, if he fails to do so, to replace the executor.

Thank you very much. I will contact the court and proceed. Unfortunately (or perhaps not), I am next in line according to the will to be executor in the case of his inability or refusal to perform his task.