Legal Question in Real Estate Law in New York

the owner of property that is damaging my property in New York State has died and left no will. No one is interested in opening the estate because there is a belief that the the estate does not have assets. the property has liens. However, there are 5 children who by default are the heirs. The 5 heirs however do not live in New York State. Are the 5 heirs liable for the damages to my property which occurred after the man died?

Asked on 9/04/13, 9:42 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

I do not believe so, as they can always disclaim their inheritance. However, I am somewhat surprised that you have waited until now to raise the issue, and have not dealt with it before now. More facts are needed for any suggestions on how to deal with this.

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Answered on 9/04/13, 9:46 am

David Slater David P. Slater, Esq.

No, his estate is. As a potential creditor, you can petition for estate administration.

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Answered on 9/04/13, 10:21 am

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