I received letter from estate attorney who represents 2 siblings, one of whom is Executor in Probate, and lives out of town. I am heir in equal parts as stated in will, who has been living with and caregiver to the decedent for many years, and as such had no lease or paid rent. The other sibling lives in a 2nd apartment in the building and has paid a minimal amount for rent (very much less than fair market value), and no rent since decedent passed away. Should this sibling also have been given same 30 day letter ??? Do I need to vacate within 30 day, and also the other sibling ? Don't they need to have Court Orders to vacate under proper legal process ? Am I considered a Tenant under Tenant-Landlord Eviction. One attorney said they must do an Ejectment Action taking many months.
Divorce / Separation Lawyer
The advice provided was correct in so far as the Executor would have to bring a court action to remove you from the premises. If you can remove yourself from the property or negotiate your terms of removal that would be the best for everyone. Keep in mind that the estate will be funding the legal bills incurred if you and the other heir do not vacate the property, that means that you would get less and there is even the likelihood that the Court may hold you responsible for fees which would be taken from your share of the estate. My suggestion would be that you negotiate the terms of you vacating the premises.
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4 lawyers agree
I agree with Mr. D'Alessandro.
The property is owned by the estate. And, the estate has the right to require that you vacate. If you fight it, money from the estate will be used to pay the attorneys fees for the estate - which diminishes your share and could result in being required to pay the fees out of your share of the estate.
You are likely considered a tenant under landlord tenant laws - but, again, you may not want to have the estate incur costs.
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2 lawyers agree
Landlord / Tenant Lawyer
You have received two excellent answers. Lease or no lease, you are a tenant and would have to be evicted by a court if you chose not to leave willingly. However, as these attorneys have explained, fighting the eviction could have financial consequences for you.
This answer is not intended to be used as actual and specific legal advice, and this answer is not intended to create an attorney-client relationship. I am happy to provide basic answers and to speak in terms of generalities, but I am not intending to give specific advice that could be construed as forming an attorney client relationship. I offer free consultations, and I am always happy to speak to potential clients personally about their legal questions. Thank you and good luck!
1 lawyer agrees