Can my dad evict me if the house is in probate and my sister is the PR of the estate?

I am living in my parents home until I have saved enough money to rent my own home. I have 2 small children and left their dad a few months back. My mom passed away 1 1/2 years ago and my dad has been living in another home with his new wife. My sister is the PR of my mom’s estate and my dad is trying to “evict” me so he can rent out the home. My mom’s estate has just been put into probate. Can he evict me if my sister is the PR of her estate? And if so, can he rent out the house? Both of their names were on the house and land when she passed away.

Asked on July 13, 2012 under Estate Planning, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation.  Is the house part of the probate?  Are you sure?  Because when parties own a home as husband and wife their ownership interest allows them inherit the proeprty automatically upon the death of either.  It is known as a "right of survivorship."  So the house does not go through the probate process.  And yes, he can evict you.  If the house is going through probate then he and the PR can evict you.  Get help.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.