Executor of will

UPDATED: Oct 1, 2022

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Executor of will

My mother passed away and my sister is the executor of her Will. The house was left to myself, my sister and my brother. My brother currently lives in the house and refuses to leave. We want to clean out house and put the house on the market. It’s impossible for us to do so with him living there due to many circumstances. He does not contribute to any household expenses. Does my sister being the executor have the right to evict him?

Asked on February 25, 2018 under Estate Planning, New York


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

Answered 4 years ago | Contributor

If your brother has no formal lease agreement and is not paying any form of rent (including household expenses), then he is not a formal tenant; he is a guest. This means that he can be removed from the premises without an eviction proceeding. However, depending on how long he has been staying there, there may need to be filed an action for "ejectment"; this like an quicker eviction for a non-tenant. As for the executor, they have a duty to protect assets and settle the estate, so they have the right to file any legal actons necessary for doing this.  

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