Do I have the right to evict a freeloader if the homeowner has died?

UPDATED: Oct 1, 2022

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Do I have the right to evict a freeloader if the homeowner has died?

My mother recently passed away leaving me the Executor of her estate. There has been a friend of my sister’s living at my mom’s house for several years. I call him a

Asked on August 26, 2017 under Estate Planning, California


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

Answered 5 years ago | Contributor

As long as the estate is open and your are the executor, you can evict this man. The fact is that if he is committing "waste" on the property you have a legal duty to do so. However, once title passes to you and your sister, as a legal owner she can have whoever she wants stay at the house. At this point, since he is not paying rent but was invited into the property, you will need to file for an "ejectment" (basically an eviction for a non-tenant). Be sure to follow all protcols and procedures as you do not want the case thrown out. At this point, you may want to consult directly with an attorney in your area who handles landlord-tenant cases.

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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