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Three sibling inherated their parents home. One moved in to tent to an ailing parent who passed three weeks later. They have been residing in the house, paying no rent. They have paid utilities and maintained the yard, etc. The executor is trying to get the home ready for sale but the sibling in the house has been uncooperative and now claims the executor must give him 24 hours advance before coming into the home. This law is for renters in GA but does it apply in this case?
Optional Information: State/Country relating to question: Georgia Already Tried: The estate lawyer says no; the sibling maintaining the home's lawyer say yes, 24 hours notice must be given. Who is right
Good afternoon. Because the one sibling has established tenancy, that sibling is going to be deemed an at-will tenant who is afforded the same rights as any tenant. But, that sibling's right to remain and/or remain paying no rent can be terminated by giving the sibling written notice of at least 30 days. But, until he has either left voluntarily due to the termination or as a result of an eviction order if he won't leave voluntarily, he must be given the notice to enter.
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Experience: 29 Years Practicing Law - Including Tax and Estate Planning