Ask Experts Questions for FREE Help !
Ask
    yvette46's Avatar
    yvette46 Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 24, 2012, 11:38 AM
    If you are part owner of a house can the executive of the will evict you
    If you are part owner of a house which was left in a will can the excetuvie of the will evict you?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
     
    #2

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

What to do to evict the previouse owner? [ 3 Answers ]

How to evict the previouse owner after buying a repossessed house?

How do you evict a co-owner? [ 5 Answers ]

My husband is a co-signator on a home loan and the other person on the loan is always late with his payments. Now he entered into a repayment plan that he can no longer afford without my husbands consent. Can we evict him from the home since he is jeoprodizing my husbands creit by missing payment...

How do I evict my boyfriend from my house (I am the owner). [ 1 Answers ]

My boyfriend lives here with his 2 children, ages 5 and 4, and I have broken up with him and I want him to move out. The house is in my name and there is no lease. I live in Mass.

How to evict previous owner from short-sale house purchase! [ 4 Answers ]

I am purchasing a home in Sacramento through a short-sale. The bank has sold us the house but the previous owners have stated that they cannot get out by the closing date. What are my options? Thank you!:(

If my husband got a homestead rebate as part owner of our house am I entitled to one? [ 2 Answers ]

Hello, it seems that I am having a tax question. My husband and I were married several years ago and recently found out that only he was getting a homestead rebate, don't ask me how. Am I entitled to a matched amount or is the amount he received the total for us as a married couple, filing...


View more questions Search