Can the new owners of inherited property evict me without a court order?

UPDATED: Oct 1, 2022

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Can the new owners of inherited property evict me without a court order?

I was appointed caregiver for my father and begin residing in his house 4 years ago. He passed away a year later. The estate has been opened for 2 years. Based on my dad’s Will, he left the house to my brother and 2 of my sisters. Can they evict me legally without court intervention? If so, how must they go about this and do I have any rights? How soon must I leave once I have been notified properly and or summoned legally?

Asked on August 26, 2017 under Real Estate Law, Alabama


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

Answered 5 years ago | Contributor

For an eviction to be legal, it must be done through the courts. In this case, the executor of your father's estate (if it is still in probate) or your siblings (if title has been passed and probate closed), can bring such an action. The fact is that since you were presumably invited onto the property you were a guest but since your occpancy has been for such a long period, you have became what the law in most states terms a "licensee". That is unless, you have been paying rent or any bills or maintenance, etc., in which case you are now a "tenant" in the eyes of the law. In any case, you cannot now be removed from the premises by the executor/owners without their first giving you proper notice to vacate (it may vary depanding on your status as either a licensee or tenant) but typically 10-30 days. If you fail to vacate by the date given, then they will need to file in court for your removal. Again, depending on the situation, it can take another 14-60 days to have the sheriff come out and remove you if neccesary.

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 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.

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