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I am the executor of the will for my mother estate. I have a…

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I am the executor...

I am the executor of the will for my mother estate. I have a neice on the will that was not living there. she has now move in with 2 children who are not part of the will and refuse to pay rent. the will is not finished yet so what can I do

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Phila pa

Lawyer's Assistant: What documents or supporting evidence do you have?

All I have is the will. but I do havw a lot of family members that will let anyone that needs to be known

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to no how can i get her out of the house until all matters are made clear. she is taking atvantage and there r three other people invoolved

Submitted: 11 months ago.Category: Legal
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9/6/2017
Lawyer: Richard, Attorney replied 11 months ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,208
Experience: Attorney with 29 years of experience.
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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!

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Lawyer: Richard, Attorney replied 11 months ago

Good afternoon. She doesn't have any legal right to live there free even if she may be entitled to inherit a percentage interest of the estate. As executor, you have the right to move for eviction if she won't pay rent or move voluntarily. If she won't do so, you will need to go through the legal process to avoid being accused of an illegal eviction. You will want to begin by giving written notice of at least 30 days. If she does not leave voluntarily, under Pennsylvania law, you will then need to give a 15-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict them. Unfortunately, you are not allowed to move their 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 them 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 question. 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 (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). 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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