Ilene Cooper: The Remedy of Eviction in the Surrogate’s Court(April 19, 2021)

Ilene Cooper, of New York Trusts & Estates Litigation Blog, has published her article titled “The Remedy of Eviction in the Surrogate’s Court.” The summary is as follows:

When thinking of the Surrogate’s Court, jurisdiction over eviction proceedings does not normally come to mind. Yet, over the past 18 months, the Surrogates of New York and Bronx counties have found cause to order an eviction from estate or trust property in order to facilitate its sale. Consider the following:

In In re Jenkins2020 NYLJ LEXIS 1723, the Surrogate’s Court, Bronx County, was confronted with an application, characterized as the equivalent of a proceeding pursuant to SCPA 1902, to sell the decedent’s interest in a parcel of realty, and to evict the decedent’s grandson from the premises. The application was supported by two of the decedent’s granddaughters. However, it was opposed by the decedent’s grandson, who stated that he wished to buy the realty, but for a price less than the contract price.  The court noted that courts have liberally granted SCPA 1902 (1), (6) and (7) applications to sell realty over the objections of some of the co-tenants in common who derived their interest in the realty from the decedent, provided that there is a sufficient nexus between the relief requested and the administration of the decedent’s estate.

To view the full article, click here: “The Remedy of Eviction in the Surrogate’s Court.”

Posted by Jessica Ji, Associate Editor, Wealth Strategies Journal.

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