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Does executor have power to have someone leave?
My mother passed away 1 year ago. My brothers were living with her in units in Southgate, California when she died, neither one had a contract. The younger one was managing the units and the older was shacked up in the living room having had a restraining order for life in place from his wife who lives in Bell The older brother feels entitled to the property even though everyone else believes otherwise. The question is... can the executor(an older sister) legally ask him to leave or can we just lock him out or some combonation there of. The situation is becoming risky and the older has threatened both my younger brother and I with some type of legal action against our professional titles (teacher and social worker)
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What did your mom's will say about the property? As executor, your job is to see to it that the money and property are handled according to the will. You have done nothing illegal from what you have said so far so don't worry about your teaching certificate.
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I agree with ballengerb1.
If you're within the legal parameters of the will but the older attempts legal action, his case won't hold water and would be tossed out, leaving him with his legal fees and yours too. Not to mention possible defamation and/or slander charges you would be advised to bring on him for his immature action against your mother's expressed wish. |
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If someone is challenging a will it is normally based on some basis for the will not being valid such as person making will not of sound mind, undue duress on person making the will, etc.
In state of VA and I think most others, how the estate is divided whether one or more survivors feel they didn't get a fair share isn't basis for challenging a will. Continue probating the will as written and you will be doing what you are supposed to do. If the will didn't leave the older a unit to live in, then it isn't his. However, you may need or want legal assistance to handle this apparently sticky situation. |
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First, the older brother had established residency so you can't just kick him out.
Second, we really need to know the terms of the will here. If the older brother is a beneficiary of the estate, he could make a case that he is a part owner of the property and entitled to live there. Third, based on what littl you have told us, you have done nothing that would give him grounds to sue you. |
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