One of the most common kinds of Estate case involves situations where the last parent dies and an adult child who has been living in the house and won’t get out. Typically the Will provides that the house be sold, and the proceeds split among all the children, but the one sibling will not go along and get out. Sometimes the situation is compounded by the sibling having children of their own also living with them, or the sibling having physical or mental disabilities. But often it is just a matter of the sibling just not wanting to do the right thing for selfish reasons. They are really nothing more than a squatter.
Getting a squatter out can require Court proceedings,usually in Surrogate’s Court, which are difficult and contentious. Creedon & Gill has expertise in these kinds of cases, which can be even more difficult if the house is held in Trust and the squatter is a Trustee of the Trust.
This month Creedon & Gill was successful in obtaining an Order from the Surrogate of Nassau County ordering an adult child, who had turned herself into a squatter, out of a house. The squatter was also removed as a Trustee of the Trust that held the house. Our received a Judgement of Possession and Warrant of Eviction for use by the Sheriff if it comes to that.