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View Full Version : If you are part owner of a house can the executive of the will evict you


yvette46
Apr 24, 2012, 11:38 AM
If you are part owner of a house which was left in a will can the excetuvie of the will evict you?

LisaB4657
Apr 24, 2012, 11:48 AM
If the house was left to you in a will and the executor of the will has not yet issued a deed which includes your name then you are not the owner of the house. The estate of the person who passed is the owner and the executor administers the estate.

Did you have a lease agreement? If so then the executor cannot evict you unless you were in violation of the lease in some way.

If you did not have a lease and you have lived there long enough to establish residency then the executor can have you evicted but they must follow the landlord/tenant laws to do so. That means giving you anywhere from 15 to 60 days written notice that your tenancy is terminated. The time depends on your state.

Of course if the executor decides to proceed with eviction it will be interesting when they try to explain to a judge why they are evicting one of the heirs who is about to become an owner of the property.