QUESTION

Our grandparents died the house is willed to be sold we have lived here 18 years do we have to leave when it’s out of probate?

Asked on Mar 26th, 2021 on Wills and Probate - Ohio
More details to this question:
My boyfriend has lived here for 18 years I have lived here for six I took care of his grandparents until they died grandpa when he was alive wanted the house to be willed to My boyfriend but was too sick to get it in writing we live here the executor told us we could buy the house for $25,000 and now he is changed his mind and said he wants to get most out of the property that he can and we are unsure of where to live the house is in probate and he is already cleaning it out and throwing everything away can he legally kick us out? What are out rights living here? do we need to pay bills if it’s in probate or does he? We were told we could buy it for 25k and we’re trying to get a loan and he changed his mind we just need advice. Is it illegal for him the clean the house out before probate is over?
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2 ANSWERS

Asset Protection and Medicaid Planning Attorney serving Cuyahoga Falls, OH at Legacy Law Firm, LLC
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The short answer is yes.  Certain procedures need to be followed, but if you are not legally entitled to the property, the ones that are can begin eviction proceedings if you refuse to leave when asked. For a more setailed answer I recommend sitting down with an attorney to review your situation in detail. Best of luck.
Answered on Apr 01st, 2021 at 1:57 PM

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Wills Attorney serving Austin, TX
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Not only can the court-appointed executor legally evict you, the law requires that he do so in order to preserve the value of the estate, sell the home if needed to pay the bills and distribute the rest according to the Will.  Occupancy and caregiving, paying utilities and taxes do not convey ownership.  Move now or have the sheriff physically remove you and dump your things on the street. . 
Answered on Mar 27th, 2021 at 5:26 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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