Assets Acquisition

J

Jay melo

New Member
Jurisdiction
New York
Hello and thank you for your time,

I have recently had a family member, aunt with no children, who has recently passed. I used to live with her in our rent controlled apartment in nyc up until a year ago when she moved in with her sister and other nephew in Pennsylvania. I am still living at the apartment. Many of her assets are still in the apartment. What I have been told, without seeing any paperwork, is that her sister was left as executor of her estate and she has willed the rental apartment to my cousin. To the best of my knowledge her name was the only one on the lease. All of my legal documents and bills are addressed to me at this apartment. I have changed bills for the apartment, electric and gas to my name and have been sending the management company rent checks that they have cashed. I am also in the process of claiming succession rights with the management company.

My questions are as follows

Her nephew has sent me texts asking me to vacate the apartment and has threatened legal action. If brought to court will he have any legal grounds to start eviction proceedings against me?

Her nephew has also demanded that I allow him to enter the apartment so he can pick through her belongings and take what he wants. Do I have to allow him access to do so?

What if they claim there is an expensive jewelry collection or something else of the sort in the apartment when there isn't?

Her sister claims to be the executor of the estate but I know that my aunt was around 75k in debt and did not have enough assets to her name to cover that debt. Assets that she actually has in the apartment may be valued at 5k. Does this effect if it is actually worth while for her sister to go to probate court and petition to be executor of her estate?

I have changed the locks to the front door of the apartment. What happens if they try and gain access when I am not home?

I really appreciate your time and your advice in helping me with this matter!

Best,
Jay
 
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First thing you do is check with the NYC Surrogate Court for whichever borough the apartment is in and see if a probate file has been opened. For anybody to be able to do anything with anything that person would have to be appointed representative of the estate by the Surrogate Court.

If there has been no probate case opened then you can tell those people you want to see their court papers before you comply with anything.

Just understand that you have absolutely no rights to anything, especially the apartment, unless you have been named in the will for something.

If there is a probate file the will should be in it and you can see it.

You can be evicted once the heirs get it right. Prepare to find yourself another place to live if it comes to that.

Here's some information about NY Surrogate Court.

New York Surrogate's Court Procedure Act - SCP | FindLaw

PART 207. Uniform Rules For The Surrogate's Court | NYCOURTS.GOV

By the way, once there is a representative of the estate (with court papers), that representative does have the right to take possession of the apartment and its contents even if it means getting a locksmith.

Also by the way, NY requires only 30 days notice of termination of a tenancy at will. That's you - a subtenant at will. After 30 days the representative of the estate can file for eviction.
 
I know nothing about NY rent control law but does a tenant of a rent-controlled building have the power to "will" their interest in the lease to someone?
 
From what I have read, and what another lawyer I have contacted said, the apartment cannot be willed to anyone. Under rent control laws you can only get a succession lease if you can prove you have been living there for 2 years prior to the deceased passing.
 
Jay melo said:
From what I have read, and what another lawyer I have contacted said, the apartment cannot be willed to anyone. Under rent control laws you can only get a succession lease if you can prove you have been living there for 2 years prior to the deceased passing.
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I think the bigger problem is you living there illegally (perhaps better said as "improperly") for the last year.
 
Jay melo said:
From what I have read, and what another lawyer I have contacted said, the apartment cannot be willed to anyone. Under rent control laws you can only get a succession lease if you can prove you have been living there for 2 years prior to the deceased passing.
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That sounds right. I would strongly suggest you A) do something to identify your personal property in the apartment and B) follow the info @adjusterjack gave you in post #2.
 
Jay melo said:
Under rent control laws you can only get a succession lease if you can prove you have been living there for 2 years prior to the deceased passing.
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You're right. I erred earlier. And contrary to Zigner's question, you don't have to be "on the lease." You have to qualify for succession. You probably have already seen the following since you are already applying.

Succession Rights FAQ – Rent Guidelines Board (cityofnewyork.us)

However, that does not change my comments about probate. A court appointed representative of the estate has the right to enter the home of the deceased to inventory and obtain the property of the deceased. You could be compelled to do so by court order if you don't cooperate.

I suggest you respond to whoever contacted you and insist on their court papers appointing them as representing the estate. Once you get that you should cooperate with the removal of your aunt's property or offer to buy the items from the estate.

Meantime, you would be wise to gather up any records belonging to your aunt that might help settle the estate and segregate them from your own records.
 

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