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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 47059
Experience:  29 years of experience practicing law, including tax and estate planning.
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can the executor of an estate evict his sister from their fathers

Customer Question

can the executor of an estate evict his sister from their father's home. she had been living their and caring for the dad for the past 4 months as he was dying of cancer. she left her home,job,everything from another state to come to washington state to care for him. The house has not even been appraised by probate yet
Submitted: 3 years ago.
Category: Estate Law
Expert:  Richard replied 3 years ago.

Good afternoon. Th executor cannot simply throw the sister out. Even without a lease and though she may not be paying any rent, the sister is going to be considered a month to month tenant. As a month to month tenant, the executor is going to be required to give you at least 30 days written notice to terminate. Then, if the sister does not leave, the law does not allow the executor to forcibly evict her without obtaining an eviction order from a court. What that means is that if termination date comes and the sister doesn't move out, the executor cannot simply change the locks or throw the sister's things out. Rather, what the executor has to do is to first deliver a 10-Day Notice to quit...which basically says the sister has 10 days to leave or face formal eviction. But, if the sister still has not left, the executor must then file a petition with the small claims court for an eviction order. Only when a judge has issued the eviction order can the executor have the sister evicted.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard, Attorney
Category: Estate Law
Satisfied Customers: 47059
Experience: 29 years of experience practicing law, including tax and estate planning.
Richard and 5 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
are you sure he cannot do a 3 day eviction?
Expert:  Richard replied 3 years ago.
Yes, absolutely. The law does not allow that.
Customer: replied 3 years ago.
he is removing safes, furniture, etc from the home before probate appraisal. is this allowed
Expert:  Richard replied 3 years ago.

If the will has been probated, he can remove valuables, but he cannot remove all the furniture such that you are not getting the benefit of your living arrangement that you had when your dad was alive. But, as executor, he also has a fiduciary duty to not only protect all assets for all the beneficiaries, but he cannot self deal.

Customer: replied 3 years ago.
there was no will and the house has not yet been probated. that is her concern about him removing safes.
Expert:  Richard replied 3 years ago.
If there was no will, then has he been appointed the executor by the court?
Customer: replied 3 years ago.
not by the court. he and his sister agreed he would be administrator in a attorney's office, with the condition he would not kick her out, but that exception is not in writing. the attorney told her he could still remove these things, it just seems strange that he can do that before it's even known what was in those safes, and not share the info with the sister
Expert:  Richard replied 3 years ago.
Unless he has been appointed by the court, he has no official authority to do anything. You should petition the probate court to be appointed the representative of the estate. He cannot simply self appoint himself executor even if your sister agrees. He has no authority to do anything until the probate court says he has authority.

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