Is an informal probate eviction legal?

UPDATED: Oct 1, 2022

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Is an informal probate eviction legal?

My aunt was nominated to be the executor for my grandfather’s Will. It states that everything is 50-50 and

the house is paid off. My aunt hasn’t been in contact with us other then to let us know she hired several lawyers. One lawyer put a

Asked on January 3, 2019 under Estate Planning, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) A felon can be executor--there is no legal bar against thisl.
2) If your father was not paying rent, he was not a tenant and cannot be evicted like a tenant. However, he can be removed: he has no right to remain there when the person with control over the property wants him gone. They can remove him by a different type of action, one for removing "guests" (people who were not tenants, but who were allowed to live at the property) which was traditionally (and in my state, NJ) called an action "for ejectment," though your state may haver a different name. This kind of action must be brought in court and your father may only be removed by court order or writ. He can therefore be forced to leave, but it will take at least several weeks.

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 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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