Legal Question in Wills and Trusts in New York
Stepdaughter refuses to leave the house
CMy stepdaughter was living in my father home. In dad will
he stated upon his death he wanted her to vacate the
premises.She refuse to leave. How long before I can kick
her out. I'm the executor of my fathers will. My dad left
me the house. Dad raised her from 5months to an adult, but never adopted her, she has a different last name from mine.
Some how when we were kids, she went to school under my
dad last name, that was in the 1945. But dad told me he never adopted her as his daughter. Can she contest his will,
don't she have to prove that she was adopted.
Last year she sent for her birth certificate and she has
her real father on the certificate.
My dad told me I was his only biological daughter, can she
get away with this ? Dad totally left her out of his will
Thank You
karla
2 Answers from Attorneys
Re: Stepdaughter refuses to leave the house
If the house was left to you, she must leave as it is yours now. However, if she can establish parentage, by acknowledgement rather than by paternity or adoption, she might be able to contest the Will and try to get an interest in the estate and a part of the house. This sounds like it may lead to litigation. I suggest bringing a suit for eviction and see where she takes it. I presume you have already probated the Will and received your appointment, so the suit should be brought in dual capacity, both as Executrix and the residual heir.
Re: Stepdaughter refuses to leave the house
My condolences on your loss. The death of a parent is hard on everyone. It must be especially hard on you having to deal with this foolishness during your time of loss.
Before I answer, I want to recount the situation to make sure I understand the facts.
(1)The girl is about your age and is the daughter of your father's second wife.
(2) the girl has lived with your father after his relationship with the second wife ended. the second wife has not lived with your father for a long time.
(3)The girl is not the child of your father and the will gives her no interest in the house.
My answer is: UNLESS she is established as a legal 'offspring' of your father, then she has no opportunity to claim a percentage of the estate, the percentage is fixed by law.
It sounds wildly unlikely that any facts are available to establish her as the legal offspring.
You therefore, have an exclusive right to the house and can determine who lives there.
This is an eviction or 'holdover' problem in the realm of 'landlord/tenant law'. The only caveat is whether you sue for eviction as the executor or owner of the property. That depends on how far along you are towards making a 'final accounting' and wrapping up the estate.
You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.
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