If my dad died with no Will and his ex-wife is staying at the house, how do we get her out of the house?

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If my dad died with no Will and his ex-wife is staying at the house, how do we get her out of the house?

She is not paying any of the bills .

Asked on January 2, 2012 under Estate Planning, Illinois

Answers:

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

Answered 9 years ago | Contributor

I a so sorry for your loss and for the situation as it now stands.  I am assuming here that the house is your father's outright and that his ex has no claim to it.  One of you as his child has to apply to the court to become the personal representative of the estate.  Once appointed you have the right to have her removed.  I would consult with an attorney that does landlord tenant law in the area and see how a squatter is given notice and evicted under the law.  It is important to do it properly and have her properly served. Good luck. 


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