QUESTION
I am Executor of my moms estate. My brother and his girlfriend live there and have taken many things of my moms and sold. Can I evict them?
Asked on Dec 03rd, 2020 on Wills and Probate - South Carolina
More details to this question:
My brother and his girlfriend lived with my mother. She passed in October and before any insurance money was handed to us 4 children, eye witnesses claim that he and his girlfriend were selling things out of the house. Made an approximate amount of 8-10 thousand dollars! My brother is currently in jail due to violation of probation (he was on house arrest at my moms) and two days later I made his girlfriend leave because of the thievery. He gets out of jail on January 5, 2021. My brother is also interested in purchasing the house. Myself and my other siblings would rather the house be sold than to see him there after such dishonor to our mother and her things. Can I evict him or not allow him to go back to my mothers house once he's released on the 5th?
1 ANSWER
2 Awards
As executor it is your duty to gather the assets, pay the debts and distribute what remains according to the Will. This includes NOT allowing someone to squat in the home (or evicting them if they do) and selling the home to pay the debts. The home must be sold for fair market value, meaning that there must be a public sale, not a "sweetheart deal" with someone.
Answered on Dec 04th, 2020 at 5:13 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.