It is common: a sibling never moved out, a tenant has an old lease, or someone unknown is inside. How you handle the first few weeks can affect the sale.

Important: Mendy Realty Inc. is a licensed real estate broker only. We are not attorneys, accountants, tax advisors or estate planners, and we do not represent anyone in court. This is not legal or tax advice. Consult with your attorney, accountant and tax advisor.

Meet Mendy, 1:34

Help when the home is not empty

  • 20+ years of Brooklyn and NYC real estate experience
  • Free preliminary comps and a detailed CMA for families and attorneys
  • Third-party vendors coordinated, so you make one call

Call 718-751-0738WhatsAppOur probate process

Key takeaways

  • Do not change locks or shut off utilities.
  • Removing an occupant generally needs legal process.
  • Write down who lives there and since when.
  • Compare occupied and vacant value.

The estate sale journey

1

Death notificationVerify and gather records

2

Inventory assetsIdentify the property and costs

3

Court hearingsYour attorney handles the court

4

Property valuationComps and market analysis

5

Strategic marketingQualified buyers, once authorized

6

ClosingTitle, debts and distribution

See each stage in our Brooklyn probate and estate sale process.

Services to line up once the property is vacant

LocksmithsRe-keying and controlled access for showings and vendors.

Security camerasHD cameras and monitoring companies to help protect a vacant property.

Estate cleanoutsFull removal of contents and broom-clean preparation.

Estate liquidatorsLiquidation and donation of contents when appropriate.

Junk removalHauling for basements, yards and garages.

ContractorsValue-add repairs chosen to support the final sale price.

PaintersCosmetic work that helps a property show well.

PreservationWinterization, lawn care and snow removal to avoid city fines.

AppraisersReferrals for date of death and other formal appraisals.

Vendors are independent third parties. We coordinate them, and the person with legal authority decides what gets done. While anyone lives there, do not re-key, install cameras or remove belongings unless your attorney says so.

Your options

Option Trade-off
Sell occupied Faster start, usually a lower price
Deliver vacant More buyers, more time and legal cost
Agreed move-out Your attorney should document it

Avoid costly mistakes

Vacant-home riskA vacant home can attract unauthorized occupants. Secure it early.
Improper pricingPricing on emotion instead of data extends market time.
Inadequate documentsMissing paperwork can delay the sale by months.
Wrong buyersBuyers unfamiliar with estate sales often fall through.

What not to do

  • Do not change the locks while someone lives there.
  • Do not shut off heat, water or electricity.
  • Do not remove belongings or threaten anyone. New York penalizes unlawful evictions.

Before you share details: we are real estate brokers, not attorneys or tax advisors. Legal, court and tax questions belong with your attorney, accountant and tax advisor.

What to do

  • Call your attorney first. Removing an occupant generally requires legal process, and the right one depends on who the person is.
  • Write down who lives there, since when, and whether they pay anything.
  • Collect any lease, rent receipts and messages.
  • Confirm that the insurance carrier knows the property’s status.

Selling with someone inside

  • Some buyers purchase occupied homes, usually at a lower price.
  • A vacant delivery often reaches more buyers, but it takes time and legal cost.
  • Sometimes the parties agree on a move-out arrangement, which your attorney should document.

We can show you market value both occupied and vacant, so that you and your attorney can compare the options.

Frequently asked questions

A sibling lives there and will not leave. What now?

Speak with your attorney. The answer depends on the will and who has authority.

Can I sell with someone inside?

Sometimes. Some buyers purchase occupied homes.

What if I do not know who is inside?

Do not confront anyone. Call your attorney and, if there is a safety concern, the police.

Helpful public resources

NY Courts: fiduciary responsibilities | NYC HPD

Related reading

Mendy Lipsker

Mendy Lipsker, Founder and CEOMendy Realty Inc. is a licensed New York real estate brokerage. 718-751-0738.