If my mother left me her house in her Will andmy sister and her2 kids still staythere, can Iput them out?

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If my mother left me her house in her Will andmy sister and her2 kids still staythere, can Iput them out?

My sister, 33, and her 2girls, 19 and 15, still live in my mothers house after she passed. No papers exist that state they have to stay there. Since I’ve been in the house, they have paid no bills and are not working. They were told back in April they had until July 1st to vacate. Once everything is in my name do I have the right to put them out?

Asked on June 22, 2011 under Real Estate Law, Georgia

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  May I ask: who is the Executor of your Mother's Last Will and Testament?  The executor has all the power that you need to take control of the property and that means to evict your sister and her children and to force them to pay rent and maintain the home after your Mother's death.  If you wish to wait until the property passes to you fully - upon the execution of the Executor's Deed to you - and because a prior deal was made to vacate by July 1st then you have that option.  But if the estate has not transferred the property by then the executor has the power to get them out and the estate has to pay the fees, not you.  Good luck. 


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