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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53706
Experience:  29 years of experience practicing law, including tax and estate planning.
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I am the only sole heir to my father's estate. His nephew

Customer Question

I am the only sole heir to my father's estate. His nephew was living in the house with us. The nephew took out an order of protection against me before my father died. He had no will. I have been to probate court and been appointed the Administrator of his Estate. I have the Letters of Administration. I am homeless because the nephew is living in my house. Being the administrator of this estate doesn't that end the order of protection? How do I go about removing him from my home? Can't I put him out?
Submitted: 8 days ago.
Category: Estate Law
Expert:  Richard replied 8 days ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 8 days ago.

Hi Judy. The order of protection does not prevent you from terminating his tenancy under your authority as administrator of the estate. But, unfortunately, if he will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, and whether or not he is paying any rent, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days pursuant to Tenn.code Ann. § 66-28-512. If he does not leave voluntarily within the 30 days, under Tennessee law, you will then need to give a 10-Day Notice to Quit...meaning he must vacate the premises within that period or face formal eviction. Then, if he still has not left, you will have to file a petition for an eviction order. Once that is can have the sheriff evict. Unfortunately, you are not allowed to move his stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force him out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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