QUESTION
Is a letter of administration as personal representative of deceased owner enough to evict the tenants?
Asked on Jan 31st, 2014 on Estate Planning - California
More details to this question:
A neighbor is claiming to be appointed as personal representative to an estate that the owner of had passed away more than four years ago and is trying to remove the people who have lived there for 11 years with no contract to anyone. Is this possible when it all was passed to his son?
14 ANSWERS
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You have too many questions that need to be answered to give you a reasonable opinion. You need to talk with local counsel and go over the facts to figure it out.
Answered on Feb 04th, 2014 at 8:17 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
The letter itself would not do so. He would need to go through eviction proceedings with a court. If that is what you are asking, then the answer is yes. It is very common for that to happen.
Answered on Feb 03rd, 2014 at 9:11 PM
Creditor's Rights Attorney serving Clayton, MO
at
Fluhr & Moore, LLC
Update Your Profile
This is a tricky area of the law. The property descends by right to the son, but if the will provides otherwise or the estate needs the real estate to pay claims, then the personal representative has the right to take over the property. The person living there cannot be evicted without a court order, but must pay a reasonable amount of rent.
Answered on Feb 03rd, 2014 at 9:11 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
It depends upon who owns the house. Check if the title to the house was ever formally transferred to the register of deeds.
Answered on Feb 03rd, 2014 at 9:10 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
The personal representative will be able to show Letters Testamentary, issued by the court, showing that he was appointed and has the power to administer the estate. The power of the PR includes the power to bring an eviction proceeding if that is otherwise lawful. Someone who has lived in real property for 11 years might possibly have the right to claim adverse possession, but not if they moved into the property with the permission of the owner. Letters of administration would be issued if there was no will. In that case, the decedent's natural children would inherit, not a neighbor.
Answered on Feb 03rd, 2014 at 9:10 PM
It is possible that the estate has not yet been settled, although unlikely if there was just one heir. The people being evicted should contact the son (demand from the person saying they are the representative the contact information; also go to the court in which the probate was filed to look at the case file to see its status).
Answered on Feb 03rd, 2014 at 9:09 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
The administrator of the estate, assuming Letters of Administration has been issued t the administrator, has the duty to protect the assets of the estate for distribution to the heirs as determined by the probate court, which may include evicting tenants to put the property for sale for the estate.
Answered on Feb 03rd, 2014 at 9:07 PM
Edwin K. Niles
Yes, a certified copy of Letters of Admin. is proof to the world that he/she is appointed by the court.
Answered on Feb 03rd, 2014 at 9:07 PM
Thomas Edward Gates
The letter of administration is all that is needed to evict. He may need to do an unlawful detainer suit to get the eviction. Retain a landlord-tenant attorney to assist.
Answered on Feb 03rd, 2014 at 9:06 PM
3 Awards
Yes, the PR can evict the tenants unless they have a written lease.
Answered on Feb 03rd, 2014 at 9:03 PM
The Personal Representative of an estate, if duly appointed by the Court, has full authority to deal with all property owned by the estate. This would include the legal ability to lawfully evict tenants or occupants of property owned by the estate.
Answered on Feb 03rd, 2014 at 9:02 PM
If the estate is closed, a personal representative no longer has any legal authority to act. The neighbor would need a letter of agency from the son to evict anyone.
Answered on Feb 03rd, 2014 at 9:02 PM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
If an individual has been appointed as the personal representative of the estate, and has a current Letter of Office issued by the Court proving the appointment, then that representative can take action on behalf of the estate. Such action can include evicting persons from land owned by the estate. If the land transferred directly to the deceased owners son upon the death of the prior owner then the land is not part of the probate estate. This would require that the son was a joint owner of the property with rights of survivorship. A transfer on death deed may also have been used, though the law approving such deeds went into effect long after the time frame you mention. If the property passes to the son as a legatee under a will or by right of heirship then a probate is required to transfer the property and the court appointed representative is responsible for the property until the distribution is made under the probate.
Answered on Feb 03rd, 2014 at 9:01 PM
2 Awards
It is possible if he has legally issued Letters but if the person living there is set to inherit, that person can fight it. Get an attorney as soon as possible as I would be curious how the neighbor even got Letters.
Answered on Feb 03rd, 2014 at 8:46 PM