Can court appointed Personal Representative evict someone living in a deceased person’s home without a lease or not paying rent while in probate?

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Can court appointed Personal Representative evict someone living in a deceased person’s home without a lease or not paying rent while in probate?

The cousin of the deceased has been court appointed Personal Representative of deceased estate and is in probate. The sister of deceased moved into deceased home after he passed away. If the deceased sister has nothing in writing saying that she can live there and hasn’t paid anything, as Personal Representative, can I evict deceased sister from the home/premises? Is there a online Eviction Form/Letter Personal Representative I can fill out for eviction?

Asked on May 17, 2018 under Estate Planning, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A personal representative takes the place of the deceased owner regarding maintaining estate assets. Therefore, if someone has moved uninvited onto estate property, they can be removed through the process of eviction or, if no money has been paid, through a process known as "ejectment" (which is like an eviction for a non-tenant but a faster process). In fact, depending on the jurisdiction, if the sister has not been on the prmeinses for more than about 30 days then you can contact the police and report her as a tresspasser. In any event, take no self-help measures such a changing the locks, turning off the utilities, removing belongings, etc. You could fing yourself in legal trouble if you do. At this point, you may want ocoonsult directly with a local lawyer who handles landlord/tenant cases as they can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A personal representative takes the place of the deceased owner regarding maintaining estate assets. Therefore, if someone has moved uninvited onto estate property, they can be removed through the process of eviction or, if no money has been paid, through a process known as "ejectment" (which is like an eviction for a non-tenant but a faster process). In fact, depending on the jurisdiction, if the sister has not been on the prmeinses for more than about 30 days then you can contact the police and report her as a tresspasser. In any event, take no self-help measures such a changing the locks, turning off the utilities, removing belongings, etc. You could fing yourself in legal trouble if you do. At this point, you may want ocoonsult directly with a local lawyer who handles landlord/tenant cases as they can best advise you further.


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