If my daughter and I were evicted from my deceased mother’s home but I’m a 60% beneficiary of the estate and my daughter is a 15% beneficiary, is this legal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my daughter and I were evicted from my deceased mother’s home but I’m a 60% beneficiary of the estate and my daughter is a 15% beneficiary, is this legal?
We have lived in the home for a year and paid all bills except taxes. The home is paid for and has no leins.
Asked on January 13, 2015 under Estate Planning, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You do not indicate by whom you were evicted by, but if it was by the estate--that is, by the executor or administrator on behalf of the estate--it is legal. Whether or not you are a beneficiary or not, after your mother died, the estate (through the administrator or executor) determines what to do with the property until such time as it is distributed. If you were not paying rent, you were not a tenant, but a guest; a guest may be evicted at any time, for any reason. Even if paying bills were deemed to be the equivalent ot paying rent, if there was no written lease, you were at best a month to month tenant, and a month to month tenant may be evicted on 30 days notice. The estate could therefore evict you, such as in order to be able to better sell the home (more easily and/or for money, by selling without non-rent-paying tenants, whom a buyer would not want), which will ultimately result in you and your daughter getting more money as, respectively, 60% and 15% beneficiaries.
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.