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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default When Can You Be Evicted From a Deceased Person's House

    My question involves estate proceedings in the state of: New York.

    Here is my situation.. Im 20 years old and my grandmother has had custody of me and my 16 year old sister since we were very young.. She recently passed away and did not have a will.. The mortgage is paid off.. She has 5 children and a lot of debt. Possibly 40 percent of the houses value. I already know my sister and I are not elidgable for any part of the house or sale of.. My question is because this is my residence.. What happens to me? I do not get along with my uncles, aunts, or mother.. They cannot evict me can they? My train of thought is.. The house will go to the state, the state will sell it and pay off her outstanding debt, What is left gets split amongst the 5 children.. The state will eventually evict me to start this process.. But I dont see anyway in which the 5 can legally evict me for they dont own any part of this house until the state gives it to them..

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    75,031

    Default Re: Estate of the Deceased

    Presumably somebody will open an estate and the house will be passed to your grandmother's legal heirs pursuant to the laws of intestate succession. It sounds like her legal heirs are her five surviving children. The administrator of the estate could evict you in association with protecting the assets of the estate or selling the house to satisfy the estate's debts, or if the house is passed to the heirs and you have not yet been evicted, they can evict you after they gain ownership.

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