What are my legal rights as far as being forced to move out ofmy deceased father’s home?

UPDATED: Sep 16, 2010

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What are my legal rights as far as being forced to move out ofmy deceased father’s home?

One of my siblings is the executrix of the Will, which left everything to his children. Can they have me removed from his home? Are they to give me a time period to vacate? The executrix came to the home and decided which kitchen utensils, etc. that I needed to use and rearranged the setup in the kitchen. Can she do whatever she wants? When the house is up for sale, do we all have to agree on the selling price or can she sell without a complete consensus of the price? Am I allowed to bill the estate for his care?

Asked on September 16, 2010 under Estate Planning, Louisiana


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

Answered 12 years ago | Contributor

I am sorry for your loss.  Generally, if the Will indicates that you are all equal then you have the same rights under the Will as your siblings.  The executrix of the estate has the fiduciary power, though, to make decisions in the "best interest of the estate" and can ask you to move to ready the house for sale or to pay rent for time that you are there.  She can not, though, be unreasonable and petty (the kitchen utensil thing sounds like it leans in that direction) just for the sake of being so.  She should be reasonable about a time frame to vacate especially since you were there taking care of your Father. AS for the sale of the house, it will be appraised by the estate for estate value purposes and it should be sold for close to the value.  If it is not then you can and should question her judgement.  You are entitled to an "accounting" of the estate.  As for your billing the estate for your Father's care, I would ask an attorney in your area how that would be viewed.  You could indeed try but absent a "contract" it may be a difficult thing to collect upon.  Good luck.

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