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I have been granted executor of an estate by the court

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through Letter of Testamentary....
I have been granted executor of an estate by the court through Letter of Testamentary. There is an individual living in the home that is part of the estate. The home needs to be sold to comply with the agreement for the interested parties. The woman hasn't paid rent, nor does she have a lease. She is refusing to vacate the property and I need to start sale proceedings. She was living there on a verbal agreement from the deceased to pay rent. It's been one year and I have kept her informed about the progress of the estate and now i have the court papers showing her I am the executor. She originally agreed to move out in 3 weeks. 5 weeks later she is still there. She is not a family member nor a close friend of the deceased. How do I evict her?
Submitted: 10 months ago.Category: Legal
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Answered in 5 minutes by:
9/28/2017
Lawyer: Barrister, Attorney replied 10 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,071
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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If you have proof she was supposed to pay rent, you can give her a written 3 day notice to pay rent or vacate and then if she doesn't pay the full amount due, you can file to evict her through the courts, get a judgment, and then a writ that the sheriff will execute to force her to leave.

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If you can't prove there was a verbal agreement, then you would have to give her a written 60 day notice to vacate if she has been there over a year and then pursue the formal legal eviction if she didn't vacate.

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You can't legally just throw her out, but as Executor you now have the authority on behalf of the estate to terminate her tenancy and then evict through the courts if necessary.

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thanks

Barrister

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Lawyer: Barrister, Attorney replied 10 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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