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Three sibling inherated their parents home. One moved in to

 
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  • Answered by:Est. Planning Beacon
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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?

 

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State/Country relating to question: Georgia

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The estate lawyer says no; the sibling maintaining the home's lawyer say yes, 24 hours notice must be given. Who is right

Submitted: 344 days and 23 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED

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Expert:  Est. Planning Beacon replied 344 days and 23 hours ago.

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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Category: Estate Law
Pos. Feedback: 98.5 %
Accepts: 3681
Answered: 5/1/2012

Experience: 29 Years Practicing Law - Including Tax and Estate Planning

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