How do family member evict sister who won’t leave home after mothers death?

UPDATED: Oct 1, 2022

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How do family member evict sister who won’t leave home after mothers death?

Daughter of deceased refuses to leave the house- will states that if a brother doesn’t purchase house, it is to be appraised and sold, then split 6 ways.

She took care of her mother in the house the last 2 years but also had job and was paid with a piece of land, which she sold over a year ago.

Since she is 1/6 owner, how do others either evict or can the house be sold while she’s living there? Florida.

Asked on October 1, 2018 under Estate Planning, New Mexico


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

Answered 4 years ago | Contributor

If title has not yet passed and probate is still open, the executor has the legal right to evict the daughter. Since she has already lived in the house for 2 years, she may now be considered to be a tenant so she will need to be formally evicted; if not then she may be removed via a procedure known as "ejectment". Either, way a court proceeding will be needed. If title has passed to all of the beneficiaries, then as a legal owner of the property the daughter cannot be evicted. However, she can be made to move if the other owners file for a "partition". This can result in the court ordering that she buy out the other owners if she wants to stay in the house or else the property will be ordered to be sold by the court. At this point, an local attorney should be condslted directly; they can best advise further.

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