If I own 1/6th of my grandfather’s estate and also have resided in the home for 1 year maintaining the property, can the other family members evict me?

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If I own 1/6th of my grandfather’s estate and also have resided in the home for 1 year maintaining the property, can the other family members evict me?

If so, what procedures do they need to follow? What are my rights? I have taken care of the property myself and have followed all the guidlines that were set. We had a contract that I would stay in the home until it sold, which it has not at this time. What can I do?

Asked on August 28, 2012 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless you are on legal title to the home that you are residing in, you can be served with a thirty (30) day notice of termination of your tenancy by the representative of your grandfather's estate requiring you to move out of the unit. If you fail to move out in the thirty (30) day period, then the estate's representative can file an unlawful detainer action against you in the county court house seeking that you move out.

If you have a written contract signed by the estate's representative to stay in the unit until it has sold, then you are allowed to remain in it so long as you are not in breach of the contract.


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