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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I have lived with someone for many years however we never

Customer Question

I have lived with someone for many years however we never married. He passed away in April and now his children want to evict me. Do they have a legal right to do so at this point or should they wait until estate is settled in probate court?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Do I have ANY legal rights as a resident?
JA: Has anything been filed or reported?
Customer: Such as? The estate has been filed in probate court by an executor.
JA: Anything else you want the lawyer to know before I connect you?
Customer: This is my residence and my signicant others children are trying to evict my by way of letter from an attorney. His youngest daughter is the executor.
Submitted: 13 days ago.
Category: Legal
Expert:  Attorney2 replied 13 days ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 13 days ago.

Can you tell me if you were on the deed/title to the property? Did he leave you a life estate or any portion of the real property in his will? I am sorry I do not see the State that your question pertains to.

Customer: replied 13 days ago.
Indiana. It's my understanding that they can't remove me while in probate since this is my residence. After It's been resolved they would then have to file an eviction through the courts which allows me 30 days.
Expert:  Attorney2 replied 13 days ago.

"It's my understanding that they can't remove me while in probate since this is my residence."

Is this stated in his will? Where are you seeing this?

The Executor has the power to evict someone that is not on title and does not have a life estate. That being said if you do not leave the estate must go through the court to have you evicted. Where are you seeing that you have the right to stay until the estate is closed?

Expert:  Attorney2 replied 13 days ago.

Are you online with me? I am sorry I am not seeing any responses from you. I will opt out for another Attorney to assist you. Thank you for using JA!

Expert:  Michael Bradley replied 12 days ago.

Do you still wish to receive help?

Customer: replied 12 days ago.
I hired s local attorney. This site is a joke!