Can an executor remove me from his mother’s land and take my possessions?

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Can an executor remove me from his mother’s land and take my possessions?

My dad passed away 6 months ago and was supposed to be deeded this land by his mother when she passed, however my father passed away before my grandmother. She just died 2 weeks ago and now my uncle is the executor over all of her land. My dad had a mobile home, camper, barns, etc., on this land. He brought the cops to my house and told me I need to leave, however I’ve never been given an eviction notice. How long do I have to legally leave or do I have a right to homestead as I’ve been here for the past 2 years and it was my dad’s? Can he take all of my possessions?

Asked on June 27, 2012 under Estate Planning, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written with respect to your father supposedly getting title to the land that you occupy from his mother (your grandmother) you need to carefully read your grandmother's Will or trust (assuming she has one) to see if there is a provision within it that if your father died before your grandmother that the gifitng provisions to your father by your grandmother would go to your father's heirs including the property you are writing about.

If so, then you need to review your father's Will ot trust to see who gets what from his estate.

The whole process that you are writing about is a complicated matter with various entitlements hinging upon conditions in assumed written Wills and trusts of your grandmother and father.

I suggest that you consult further with a Wills and trust attorney about your situation when you obtain copies of the above documents.

Potentially the executor of your grandmother's estate can legally have you removed from the property you are occupying. The executor cannot legally take your possessions that you have written about.

 


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