An executor of the estate is responsible for taking on the role of the deceased after their death. If there is a tenant living on the decedent's property without paying rent, the executor has the right to initiate eviction proceedings, even if the tenant is a beneficiary of the estate. The answer is yes, but it can be a difficult process. There are notice requirements, assumptions that tenants have rights, extensions, and more that must be taken into account. Evicting a tenant in a normal situation can take many months or years.
In this case, however, the heir is also a partial owner. For example, if mom died with three surviving children, that adult child is still heir to a third of the estate, even if they leave the house. This makes it more than just evicting a tenant; it's evicting a third of the landlord. Both managers and executors can be tasked with liquidating properties and other real estate holdings. The money recovered from these asset sales will be deposited in an estate bank account and used to satisfy debts, such as creditor claims, legal costs and other expenses.
Once all debts have been paid, the remaining funds will be distributed to the heirs of the deceased. In most cases, the executor or administrator has the power to sell real estate, even if the heirs do not give their consent. It is important to note that if the executor or trustee authorizes someone to live in the estate home, even if they are a family member, they must pay a fair market rent to the estate unless all beneficiaries of the estate agree otherwise. In addition, executors must ensure that debts and creditors are satisfied, which may include liquidating stocks, mutual funds, bank accounts and real estate holdings. If you have been appointed executor or administrator of a parent's will, then you must understand your responsibilities. When the executor of the estate requests that the Landlords and Tenants Court evict the beneficiary, they may refuse due to their right as a partial owner.
As an executor you are responsible for distributing belongings, selling assets, and deciding what to do with your home. New York Trust and Probate Attorney Jules Martin Haas has helped many clients over the past 30 years resolve issues related to landlord-tenant proceedings and estate liquidation throughout New York City, including Manhattan and Brooklyn. If someone resides in the home without proper authorization from the executor or trustee, then they can be evicted using the same process by which a landlord could evict a squatting tenant. Once the receiver sells the property and hands over any remaining funds to the estate, it is up to the executor to distribute them to beneficiaries. Judge Kelly explained that title to real property conceived under a will confers on the beneficiary at the time of death unless otherwise stated in the will. The executor does not take title to real property since title rests with concessionaires subject only to divestment pursuant to court order for paying estate debts. Often executors or administrators of a testamentary estate ask if they have authority to file an illegal withholding of property owned by the estate. While trustees are only responsible for distributing assets, an executor has broader duties including fulfilling all wishes as presented in the will.
If part of an estate, they have authority to determine who can reside in a house.
