UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption


My father just passed away. His home is willed to my sister and myself, to be sold and the income split between us. My sister, her 33 year old son and his girlfriend have been living in my father’s house for 10 years. He has supported them, they are not employed and pay no rent or ANYTHING for living there. There is another home on his property that is for her to live in, yet they have bullied their way into his years back due to theirs being a total disaster from lack of upkeep. Now that he is gone, do they have any legal right to remain in his home until it is sold? If not, what is the legal recourse to ensure that they do not remain there and destroy it before it can be sold in a livable state? Thank you.

Asked on April 8, 2016 under Estate Planning, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They do not have a legal right to live there, but may only be removed by the estate's personal representative (the executor or court-appointed administrator) if she/he believes it's in the interest of the estate to remove them, by filing the appropriate legal action (most likely an action for "ejectment," which is how you remove non-rent-paying tenants). The can't be removed otherwise. The personal representative could also elect to let them stay, if he/she thinks its better to have the home occupied than empty; or could offer to let them stay if they pay rent, to bring money into the estate (and/or provide funds to keep up the home).

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption