Does my sister have to agree to eviction since she is PR of my mom’s estate?

I am living in my parent’s home with my two small children. My dad has gotten remarried and is wanting to evict me from the home so he can rent it out. My sister is the PR on my mom’s estate. Does she have to agree to the eviction since she is PR over 1/2 of the house?

Asked on July 26, 2012 under Real Estate Law, South Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She should contest the attempted eviction and he will need her approval in order to continue with legal eviction proceedings.  What the estate should attempt to do is buy out his share so that you and your sister are not out the inheritance. Seems to me that he is trying to use his former home (really meant for his kids) for personal gain.


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