What are an executor’s rights?
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What are an executor’s rights?
My mom died 2 years ago without a Will. My sister has obtained executor of her house. My 3 brothers have lived in her house all their lives rent free. They are now telling my sister they are not moving out. She told them they would have to move out in 3 months. Can she evict them and how long would it take? We need to fix up he house for sale and they are not cooperating.
Asked on July 25, 2013 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss and for the problems that have resulted here. An executor has great power under the law to act in the best interests of the estate, and that can indeed include evicting tenants (even if they are family members). It may take a lot of time and money, though, that may best be spent on the house. Is it that they do not want the house sold? Why is it being sold? To pay other debt? I think speaking with an attorney about the matter would be best. Good luck.
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