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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36233
Experience:  16 years real estate, Realtor. Landlord 26 years
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My parents past away and left the house to us 5 children. my

Customer Question

my parents past away and left the house to us 5 children. my sister was taking care of my father his last few years my mother had already pasted. now my sister who was taking care of him does not want to move out. i have already filed ud-100 and i will file ud-150 . can i get her out/
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Is there anything else important you think the Real Estate Lawyer should know?
Customer: yes. about 8 months ago we started to rend the house to her for 100.00 each, but she only paid afew months to some of us.
JA: Our top Real Estate Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Real Estate Lawyer in on everything we've discussed. You can go back and forth with the Real Estate Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
my parents left a living thrust. saying myself and brother are the thrustees
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Have you been formally appointed as executor of the estate by a probate court judge?

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Have you given sister any type of written notice to pay rent or vacate or just a notice to terminate her tenancy?

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thanks

Barrister

Customer: replied 1 year ago.
no. no court judge.
yes notice to pay rent. i gave her a 60 day notice to leave. filed a ud-100 and after she responed a am readt to file ud-150.
Expert:  Barrister replied 1 year ago.

Ok, is the house still in parent's names?

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Customer: replied 1 year ago.
i think so
Expert:  Barrister replied 1 year ago.

Ok, the way this works is that when parents passed, the house went into their estate. So the only person who is in charge of an estate is the executor (if there is a will) or the Administrator (no will). But they have to be formally appointed by a probate court judge once that person files a probate case to settle the estate.

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So at this point, there is no one who has any legal authority to evict sister or charge her rent since there is no formally appointed executor/Admin.

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Someone will have to file a probate case and be appointed as representative of the estate first. Then they can give sister a written 30 day notice if she has been there less than a year, or a 60 day if over a year. After that, they can file the unlawful detainer paperwork and get a judgment and writ that the sheriff would then use to physically force her to move out.

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Until then, there is no legal way to get her out so that the property can be sold and the money divided between the children.

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thanks

Barrister

Customer: replied 1 year ago.
there is a will. it was with the living thrust.
Expert:  Barrister replied 1 year ago.

Ok, then if the house is still in parent's names, then whoever is named as executor in the will would have to file a probate case to settle the estate and be formally appointed so they could then take action about the house.

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thanks

Barrister

Customer: replied 1 year ago.
is the executor me and my brother
Expert:  Barrister replied 1 year ago.

Ok, then it would be you two who would have to pursue this and file the probate case.. Probate court is set up for people who aren't attorneys, but if you don't think you want to tackle it on your own, you can contact a local probate attorney to have them help you.

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thanks

Barrister

Customer: replied 1 year ago.
what is a probate case is there a form
Expert:  Barrister replied 1 year ago.

Probate is the court where the executor files the will and goes through the process of being formally appointed. They then gather all assets, pay any debts, file any final taxes, and then can sell assets and distribute the money to the named people in the will.

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If no one ever does anything to settle parent's estates, then the house will remain in their names indefinitely and none of the children could ever sell it and get any money out of it. They also couldn't force sister to move out or pay rent..

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thanks

Barrister

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