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Do you need to file ancillary probate in NY to evict a

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beneficiary from a coop in...
Do you need to file ancillary probate in NY to evict a beneficiary from a coop in NY? The executor qualified in VA but did not go through ancillary probate in NY to bring this action against me. (I am residing in the coop and I am 50% beneficiary). My sister the Executor first served me with Notice of Termination of License to Quit and then Notice of Petition Holdover. Some attys told me that because it is a coop and not considered real property she can do this but most attys have confirmed that she does need to file ancillary probate in NY to serve this action. I just want to be sure.
Submitted: 6 years ago.Category: Estate Law
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3/1/2012
Estate Lawyer: lwpat, Attorney at Law replied 6 years ago
lwpat
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25,387
Experience: Attorney with experience in wills, estates and trusts
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In New York an ancillary probate is required to liquidate a co-op apartment. Until she files in the NY surrogate court she does not have standing to bring an eviction action against you.
lwpat
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25,387
Experience: Attorney with experience in wills, estates and trusts
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Customer reply replied 6 years ago
Thank you. I will accept answer. Not sure why her NY atty brought action against me. I thought this would have been obvious. Can I also sue for atty fees?
Estate Lawyer: lwpat, Attorney at Law replied 6 years ago
You can certainly ask for them in your answer but I don't see that there would be any authority for the court to award you your attorney fees.
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