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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6845
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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i am engaged to get married and currently live in my furture

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i am engaged to get married and currently live in my furture step sons estate. My stepsons father died before he was born and his grandfather became fiduciary of the estate. Since being appointed fiduciary he has tried to evict my mother in-law in court had her served papers and my fiance got a lwayer and when the law firm threatend to seek her to become the fudiciary he dropped the eviction process and had her sign an agreement stating that as long as she doesnt proceed with obtaining fudicary responsibility he wouldnt evicit her mom. Now she has moved on with her life and we are expecting a baby in a matter of weeks he is wanting us to remove from the house because he doesnt feel comfortable with another man living in his deceased sons house. My question is what rights do we have, can he evict us and the beneficiar, or do we stand a chance taking this to court and seeking him to be removed from his duties?

Hello, and thanks for submitting this interesting question. I have several questions about the estate proceeding. Apparently the decedent died some years ago. Why is his estate still pending and under the control of an executor? I presume the decedent left a will. Who are the beneficiaries and specifically who inherits the home? I will be back on line tomorrow a..m.

Customer: replied 3 years ago.
There was no will his father died a couple months before he was born, and he is the only son, which is 7 years old. He gets all the assest that his father owned which is some money and the house that we live in currently.

In that case the home belongs to the son by way of intestate inheritance. I still don't quite understand why grandfather thinks he is in charge of anything. The father's estate should have been closed and the property distributed to the son long ago.
Is grandfather the boy's court appointed guardian? Even if he is, he can't evict the boy from his own home. I think you definitely should see an attorney about a) getting the father's estate finally closed and Grandpa out of the picture. (He's not holding the mortgage on the home I hope). b)There may or may not be a need for a court appointed legal guardian to manage the boy's assets, which in most cases would be his mother. I don't understand what all the mother-in-law and fiduciary responsibility talk is about, so I have nothing to suggest there.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

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