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

Asked over 1 year ago - 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)

  1. Mark O. Costley

    Pro

    Contributor Level 6

    Answered . 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.

  2. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    2

    Answered . 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. ******... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,255 answers this week

3,204 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,255 answers this week

3,204 attorneys answering