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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 38292
Experience:  Texas lawyer for 30 years in Estate law
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A lady has passed away and left her home to her 3 children

Customer Question

A lady has passed away and left her home to her 3 children in her will. One of the adult children is in prison. What will he be able to do as far as making sure he is involved in the will process? What if all 3 do not agree on how the assets should be sold?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
The executor has to file for probate and be appointed by the court.Once that is done and that can take some time then executor sends a notice to quit letter.That would be followed by the executor filing for eviction here.The daughter gets served and may contest eviction.
This may all take two or three months.She will get written notice to quit from the executor and will know that she then has say a month to six weeks until served with eviction suit.
She is a month to month tenant here and gets noticed 30 days in advance of an eviction suit here in Georgia.
The executor has a right of entry upon reasonable notice to daughter here(24 hours).
The executor has power of sale and can evict the grand daughter after she is appointed.She likely has two to three months here prior to actual eviction.She needs to at least be looking for new housing options knowing she has this amount of time to look and plan.She may be able to negotiate with the executor.
I have seen situations where cash for keys is offered.Say $1-$2k and she leaves within 30 days and uses the money to move.
I would tell her to contact executor and see if that is a possibility
here to resolve if she needs moving money.
I appreciate the chance to help you today.I wish her the best.Thanks again for the chance to be of service.