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As Executor and beneficiary of my Father's Estate, can I evict my Sister (barred from inheritance via Will) from his home?

Eden, NC |

She refuses to pay utilities and is a liability to the Estate at this point. The Will reads: The Failure of this Will to provide for any distribution to my child: (her name) is intentional. He had felt sorry for her that she was living in her car and she stayed in a utility room in his home. She now has basically taken over the house, even going as far as sleeping in his bed in his room and moving his things out. She pays no rent and now claims she shouldn't be responsible for the utilities in his name. I have limited access to the home to do inventory for the Estate debts. Is there any way I can get her out of the home?

Attorney Answers 2


I assume from your summary that your father has died. If that is the case and you have been appointed by the court, then YES, you absolutely have the authority to have your sister evicted. You may want to contact an attorney about doing this, because there are lots of procedural requirements and if you miss a step, you can be forced to start over.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Actually, the answer to this question is different in North Carolina than most other states. In North Carolina, where there is a Will, the North Carolina real estate (including the home) is owned by the beneficiaries of the Will and not the estate upon the death of the owner. This means that you as Exeuctor have no authority over this home. Instead, the individual or individuals who inherit the home under the Will own it, with no action of the Estate or Exeuctor, and those beneficiaries have the authority to evict a person who is not an owner and does not have some other (contractual) right to the home. In turn, I would say that your Sister has no direct obligation to pay the untilities, but likely has an obligation in fairness to pay rent for the period of time she has occupied the house. I would suggest that as Exeuctor you might have a duty to notify the beneficiaries under the Will (which I suspect includes you, individually) of these facts and would encourage you to seek the advice of a North Carolina attorney to assist.

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I was told that because the Will reads "I direct that my just debt, funeral expenses, and expenses of last illness be first paid from my Estate." and "I direct that my residuary estate be distributed to (My name and info)" and does not go into a detailed list naming the property, that the property must be used to pay debts. Is this not so? I really wish that I could hire an attorney, but I have used what I had, personally, to cover funeral expenses and filing all this paperwork. The Estate has no funding. Basic picture is we are talking about a little shack, maybe valued at 10k, my father, who has been living on a small disability check for the last 1.5 years, a mountain of health and credit card bills, and me not being able to, as Executor, even start to build what Estate account I could/do an inventory because of sister refusing access to home and his personal belongings. I am the only beneficiary named in the Will.

James P. Frederick

James P. Frederick


Mark~ In Asker's summary, she indicated that the sister was excluded in the Will and SHE (Asker) is the only beneficiary. That was why I indicated that the sister could be evicted. James

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