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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 6 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 6 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.


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 lock Secured with SHA-256 Encryption