QUESTION
How can I get someone out of a house that is in probate who is not a part of the will and not paying rent?
Asked on Sep 01st, 2020 on Wills and Probate - Ohio
More details to this question:
The descendant is my mother. Shortly after her death, the surviving spouse moved his daughter (from a previous marriage) into the home to assist him. The spouse eventually probated the will nine months after the death when he had to move to an assisted living facility. That was almost five months ago. The daughter is still living there paying no rent to the estate. The surviving spouse is the executor of the estate.
2 ANSWERS
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Need a little more information here. It is extremely common to will the house to the surviving spouse, or have it transfer out of probate. If the only person who was harmed by not having rent paid was the surviving spouse, you're going to have a hard time establishing that you are entitled to a portion of the rent that should have been paid by the daughter.
If the house is supposed to go to someone else, then someone should step in as the new executor and complete the probate. The new executor would be able to evict the daughter.
Answered on Sep 03rd, 2020 at 6:03 AM
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In many states a beneficiary or heir (which you may be) can request an accounting a certain period of time and, if they have not received a distribution after a certain period of time, ask the court to replace the executor. Contact a probate lawyer who practices in the county where the estate was probated.
Answered on Sep 02nd, 2020 at 5:35 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.