QUESTION

Can a personal representative threaten to kick out?

Asked on Jul 31st, 2020 on Wills and Probate - Maryland
More details to this question:
Hi my grandmother recently passed away and she left everything to my mom and me and my sister. My uncle is the personal representative and is threatening to kick us out so we have to vacate within 30 days even though he owns only half of the assets. His attorney said we have to leave the property within 30 days.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Your uncle's duty as personal representative is to collect your grandmother's assets, pay her debts and the debts of her estate, and distribute the rest according to her Will.  You write both that your grandmother left everything to your mother, your sister and you and that your uncle "owns only half the assets," which is confusing.  Regardless, if your grandmother's home must be sold to pay her debts and the debts of her estate, you, your mother and your sister must move so that your uncle, as personal representative, can sell the home.  If the three of you can pay those bills, you might want to negotiate a Family Settlement Agreement which will allow you to remain in the home.
Answered on Aug 01st, 2020 at 5:06 AM

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.

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