Squatter in probate

[Tomcat2]

What is the name of your state (only U.S. law)? NY
Hello, I am the executor of my father's estate. My brother is to inherit our father's co-op apartment to which he has lived in for twenty years rent free. I love my brother but he is a bum. He works when he feels like it and quite frankly we all believe that by looking his non-fiancial situation, he will not be excepted by the co-op board as a suitable tenant/owner. He knows it too and refuses to leave the apartment and to not pay rent either. He is family but I also have the responcibility to the estate. What recourse do I have? The estate can't afford to pay this rent while he figures out what he wants to do with his life.

 

[curb1]

Why is the estate liable for the rent? Can't this be turned back to the co-op? What does the contract say concerning failure to pay rent?

 

[Dandy Don]

Discuss this situation with the co-op to see if they or you would be responsible for perhaps evicting him for non-payment of rent during the time period that the estate is being probated. Eventually, title is going to be his as owner, but does he know that he was left this as a beneficiary?

Is the co-op owned by your father and paid for in full?

Why has he been living there rent-free all this time? Are you implying that your father paid the rent while he was alive? Why would there be a charge for rent now after the father's death?

 

[Tomcat2]

Dad did pay the rent on this apartment because bro was always it seems unable. The estate is cash poor and there won't be much left to continue supporting my brother. If he gets accepted as a the new owner all the better for all of us, but it dosen't look like that will be the outcome. Thanks for the advice of the contract. I'll check that angle out. The apartment is paid for.

 

[HomeGuru]

What is the name of your state (only U.S. law)? NY
Hello, I am the executor of my father's estate. My brother is to inherit our father's co-op apartment to which he has lived in for twenty years rent free. I love my brother but he is a bum. He works when he feels like it and quite frankly we all believe that by looking his non-fiancial situation, he will not be excepted by the co-op board as a suitable tenant/owner. He knows it too and refuses to leave the apartment and to not pay rent either. He is family but I also have the responcibility to the estate. What recourse do I have? The estate can't afford to pay this rent while he figures out what he wants to do with his life.

**A: If your father is no longer living and he owned the property, the estate is liable for the rent until such time as the property transfers to your brother. The estate is also liable to protect the property and maintain the asset which would involve kicking him out if he is not paying rent.

 

[curb1]

Why is the co-op not sold by the estate?