Can a relative remain in deceased relative’s home until the Will is honored?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a relative remain in deceased relative’s home until the Will is honored?

My 40 year old cousin was taking care of my grandmother; she has passed away this week. The Will has not been located and she would like to remain in my grandmother’s home until it is found and the beneficiaries receive items in the Will. Now, 2 of the 3 of my grandmother’s children do not want anyone to stay in the home. Is my cousin, who has lived with my grandmother and taken care of her for 2 years, legally allowed to stay?

Asked on March 4, 2016 under Estate Planning, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your cousin *could* stay there, but is not automatically allowed to do so: it is up to the executor. The executor has the obligation, even before the will is fully honored and the assets distributed, to act in the best interests of the eventual beneficiaries by maximizing the value of the property. So the executor could let the cousin stay, if he feels it would be beneficial to not have the house stand empty. Or he could let the cousin stay if she pays rent to the estate, so as to bring in more money. Or he could remove her, if the feels she will damage the house, or needs her out to fix it up or prep it/market it for sale.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption