Can executor evict heir?
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Can executor evict heir?
Two heirs have been living in estate
splitting mortgage and utilities.
Executor only put 1 heir on lease. The
other heir was told to vacate without
notice. Tennessee is the state they
reside.
Asked on April 29, 2018 under Estate Planning, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, an executor may evict an heir. Until the estate goes through probate and the assets (such as the house) are distributed to the heirs, the home is the property of the estate. As the owner, the estate, through its executor, has the right to remove anyone living there who is not already a rent-paying tenant on a lease (whether written or oral)--and could also remove such a tenant if legal grounds to do so present themselves. The executor therefore has the legal authority to do this, and if he/she deems in his/her reasonable discretion and judgment that removing an heir is in the best interest of the estate (will help maintain or preserve the property, reduce costs, or bring in revenue, for example), it would be appropriate for the executor to do this.
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