Do you have to be the executor to evict someone from a deceased person’shome?

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Do you have to be the executor to evict someone from a deceased person’shome?

My mother passed away a little over 6 years ago; the house is willed to me. I have 2 brothers, 1 of whom is being incarcerated. My mom’s house was left in shambles by my incarcerated brother. I told my niece she could stay there for 2 weeks and $150 because I couldn’t rent it how it was. Her place she was supposed to move into fell through, so I told her as long as she could make the morgage payment or else I would need to get someone else in. Then she was 3 weeks late. So I told her she had 30 days because I needed to do the repairs and place it at fair maket value rent. Now she refuses to leave.

Asked on February 10, 2012 under Estate Planning, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation that has resulted.  You need to deal wit the probate of the estate in order to deal with the problems here.  It is time.  You have no authority really to act at this point in time given that the house is still in your Mother's name.  And your method of renting and notice - verbal I assume here - is only going to get you in to problems.  It should all have been in writing.  Please seek legal help.  Good luck.


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