Do I have the right to evict a freeloader if the homeowner has died?
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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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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