Real Estate Law
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Have you been formally appointed as executor of the estate by a probate court judge?
Have you given sister any type of written notice to pay rent or vacate or just a notice to terminate her tenancy?
Ok, is the house still in parent's names?
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.
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.
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.
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.
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.
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.
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.
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..