Legal Question in Wills and Trusts in New York

Permission to enter property

Mom passed appointing me Executrix and recipient of all residuals and left all interest in a separate upstairs mother-in-law apartment that she lived in to my brother. The week before her death I was staying in her apartment with my 12 year old son (we live in SC). My brother called the police to have us removed from the apartment day after the funeral; the police could not enforce his demand due to prior permission from my mom for us to be there. I inventoried the assets before returning home in SC. I received a letter from his attorney stating I had ''no legal authority'' to deal with the assets of an estate and ''no legal authority'' to be on property owned by the son and mother in common subsequent to my mom's death. Is there some sort of statue of law that states this that I can refer to?


Asked on 3/16/04, 11:23 am

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Permission to enter property

First, your permission ended with Mom's death (sorry about that). However, as Executrix it is your responsibility to deal with all assets, including the apartment. Your brother, while inheriting the apartment technically has no rights until the Will is probated, assets marshalled and accounted for and any final expenses, funeral costs, debts and the like are paid, as well as any taxes that might arise as a result of her demise. His inheritance is not quite automatic and until he is actually placed in title, your rights as Executrix may be paramount. He is probably angry that you were occupying it, although with permission, and that you (not he) were named Executrix. I suggest probating the Will ASAP and have your attorney contact his or him, directly, and the explain the facts of life as to your rights and responsibilities.

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Answered on 3/17/04, 12:45 am
Brenda Mattar Mattar & D'Agostino, LLP

Re: Permission to enter property

You need to retain an experienced Estate attorney to Probate the Will and have you appointed as Executor. Your athority as "Nominated Executor" is very limited.

For more information, please contact me @ (716) 856-4022. Thank you.

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Answered on 3/16/04, 11:59 am


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