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I am administrator of my Father's will. He is age 97 and still alive. He's leaving everything divided among 5 grown children.The problem is that 1 of his daughters lives in his house (that he owns) with him. She has her own house, but won't stay in it because she says she is giving it to her grown daughter. We have heard that she is trying to get my Father's house all to herself after his death.What should I do to prevent this?
State/Country relating to Question: West Virginia Already Tried: Nothing
You must make sure that you have a valid will from your father that states otherwise. If, however, the will does state that the house should go to the daughter you as the future executor have to execute his wishes. Since that does not appear to be the case, your sister, barring Fraud, will not be able to get the home (as the executor you can block and sales or transfers) unless your sister somehow manages to transfer title to herself while your father is still alive.Sincerely,Dimitry Alexander Kaplun, Esq.
Attorney
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin
Is there anything my Father can add to his will to get her out of his house as soon as he dies, or do we have to go through the eviction process?
As part owner (since your father is leaving a portion of the home to your sister), she will have a right to be on the premises. The only way you could then legally evict her is if your father does not leave her a portion of the home. Once he passes, and she is not part owner, you would have to go through traditional eviction to remove her from the premises.Sincerely,Dimitry Alexander Kaplun, Esq.
Ok, one last question. Can my Father evict her while he is still alive?
Yes he can. He can start the eviction proceedings at any time. If she does not pay rent or assist with the bills, she is considered a "tenant at sufferance" and her license to be on the premises can be revoked at any time. Typically the eviction process can take about 2 months.Sincerely,Dimitry Alexander Kaplun, Esq.