If my dad died and i am responsible for everything can I kick out the grandson from the house

UPDATED: Oct 9, 2016

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If my dad died and i am responsible for everything can I kick out the grandson from the house

My dad died I am the oldest and have
responsibility over everything can I
evict the grandson from my dad’s

Asked on October 9, 2016 under Estate Planning, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are the personal representative (i.e. have been confirmed by the court as the executor or administrator of your father's estate; you must be authorized by the court in order to have power over your father's property), then if your nephew is not a rent-paying tenant, you can ask him to leave at any time...and if he does not leave when requested, you can file an action for "ejectment" ("ejectment" is eviction for non-tenants) to remove him. Ejectment actions can be somewhat complex: you advised to retain an attorney to help you.
If your nephew is a rent-paying tenant, then if he has a written lease for a definite term (e.g. a one-year lease), you can only evict him when the term is expired, for non-payment of rent, or for violating the lease or damaging the property. To  evict him if/when any of those things happen, you would bring an eviction action in court on behalf of the estate.
If your nephew is a tenant and has a month-to-month written lease or only has an oral (sometimes called "verbal") lease, you can give him a month's notice terminating his tenancy; if he does not leave them, you can again file an eviction action.

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.

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