eviction

Get Legal Help Today

 Secured with SHA-256 Encryption

eviction

As an appointed executor can i evict other relatives living on property?
except the one who by will is to remain until property until it is sold?

Asked on April 25, 2018 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you may. The executor of an estate functions basically like the manager of a business: the executor does not own the property/assets, but manages or controls them. He has the authority to remove people from real estate, so long as their removal does not violate the will's instructions and is in the interest of the estate and heirs (e.g. will allow property to be fixed up or marketed or staged for sale, so as to expedite sale and maximize price). To remove them, assuming they are not rent-paying tenants, you need to bring a legal action traditionally called an action "for ejectment" (though your state may have a different name for it). This is a somewhat "technical" action in that a minor error in procedure or documentation requires you to start over; you are advised to retain a landlord-tenant attorney (who generally will know how to bring this action as well as the more common evictions of tenants) to help you. The attorney can be paid from estate funds, as this is an estate expense.


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 with SHA-256 Encryption