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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33760
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My mother signed a will leaving my brother and sister as

Customer Question

my mother signed a will leaving my brother and sister as executors when she was in the early stages of dementia. Because of my lax in changing the will to make all of us inclusive the will stayed in force with just my brother an sister. My mom has passed
and the original will is still in force. Prior to her death my mom did a reverse mortgage. Right now there is a dispute with the family because funds from her death policy were distributed solely to me. Because my family members feel slighted they now want
to begin eviction from my mother's home. I have lived here and taken care of her since 2011 until her passing of this year January 14, 2015. Can I be evicted? What processes can I take to avoid such action until I am able to locate new residence? Does executor
make her owner even though there is a reverse mortgage and her name is ***** ***** the deed or mortgage mother's home. My question is, as executor does my sister have the right to put me out
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Can I be evicted? What processes can I take to avoid such action until I am able to locate new residence? Does executor
make her owner even though there is a reverse mortgage and her name is ***** ***** the deed or mortgage mother's home. My question is, as executor does my sister have the right to put me out
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Unfortunately, the answer is yes, the executor can evict you. When mother passed, then the house became the property of her estate and is under the control of the executor of the estate. They have the right to evict any occupant who is not on the deed to the property because they are legally a tenant.
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The reverse mortgage is not relevant here because that is just a loan on the property that can be paid off by the executor or they can sell the property or allow the lender to foreclose on the property and sell it.
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If there was no type of lease agreement between you and mother, then you would legally be a month to month tenant under an oral tenancy agreement.
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The executor would have to give you a written 30 day notice to terminate your tenancy and then proceed with a formal eviction through the courts to get an order of eviction and a writ that the sheriff would execute to physically force you to leave. This process normally takes about another month depending on the court's schedule.
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So yes, the executor can evict, but it will take around 2 months for them to do so.
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
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thanks
Barrister

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