Estate Law Questions? Ask an Estate Lawyer.
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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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.
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