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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5836
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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My mother died 1/13/15 and i was not listed on the will

Customer Question

my mother died 1/13/15 and i was not listed on the will which has not been filed for probate, since i have been living with my mother from 1982, am i allowed to evict my niece and husband who have not paid any rent to me since 7/15 by using a defense of I being already living in house located at***** Roosevelt , N.Y. 11575 and i allowed them to lived with me since being evicted from their prior residence for non payment of rent .No one has been approved as executive of will or administrator of estate.
Submitted: 13 days ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 13 days ago.

Welcome and thank you for your question. I will be the professional that will be assisting you. Who does her Will appoint as Executor?

Customer: replied 13 days ago.
Ms. B. JENKINS - BUT SHE HAS DECLINE TO SERVE - WILL HAS BEEN PLACED IN STORAGE - NO LEASE OR RENTAL AGREEMENT GIVEN
Expert:  Attyadvisor replied 13 days ago.
There was no other executor named in the event Ms B. Jenkins declined to be the executor? Is the real property in your mother's name?
Expert:  Attyadvisor replied 13 days ago.
The court will need to appoint someone to handle the administration of your mother's estate. If you are appointed you can evict them. Does your mother's will set out what will happen with the real
property after her death? You stated you are not listed on the will. Who is listed? Do you have a copy of the Will?

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