My partner lives in his dad's house along with his brother, prior to his dad's passing. The will does not include the current home as his will was never updated. The older brother who is executor is attempting to evict because he doesn't get along with any of the family members. They want to stay in the home which is paid free and clear and no debts. It's in probate now and the will states that any assets acquired after the will completion is to be divided and distributed to the heirs. There are 8 heirs total. His original property on the will was sold and proceeds were given to the daughter who was listed as the only heir for that original property.
It is the executor's duty to gather the assets, pay the debts, and distribute what remains according to the Will. To do this, he must sell the house. To sell the house, he must evict whoever is living there. If there is no lease and no regular payment of rent, that person is a guest and can be asked to leave at any time.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.