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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27689
Experience:  25 years practicing attorney
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My mother passed away 3 weeks ago and my brother is the executor.

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My mother passed away 3 weeks ago and my brother is the executor. Two years ago when my mom was diagnosed w her illness my sister and her 3 children moved into the home to provide care and company for her. My sister is estranged from her husband and he occupies her primary residence. In the past several months he has stepped up and provided support and has always been there for their children. My sister is considering a possible reconciliation, time she needs to spend with him...neutral territory if you will. Originally my brother stated she could remain in the house, pay the monthly expenses and in July begin to pay rent, possibly buy the house. She decided she does not wish to purchase, just rent. My brother has declared that my brother in law is not welcome in the house and even with her paying the expenses, renting, he is forbidden to be there. Now he has told my sister to evict the house. He wants her out by June 1st.
Does his being executor give him that ability to kick her out and change the locks?
Would he not have to follow some kind of legal eviction process? I am in the middle and I know my mother would not want this taking place.
Dear JACUSTOMER - Legally your sister would have the same rights as a month to month tenant and your brother would have to give her a written 30 day notice to leave and then, if she refuses to vacate he would have to file a suit in the local court for forcible entry and detainer. This is all assuming he has been appointed by the probate court as the legal executor since he is not automatically the executor just because he is named in the will as such. So he would not have the right to force her out of the property unless he goes through all the legal processes. If he threatens anything physical or tries to physically force her out she should call the police and file assault charges.
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