My grandma just died and my sister is living in her house. She says she owns the house now because of homestead rules. Is that true? I am the executor, so how do I get her out of the house?
Your sister does not have any given homestead rights, however, if your grandmother deeded the house to her then she may have a homestead right. Many times people misspeak about what right they are claiming, so you need to do a few things to investigate. Go to the county real property records in the county where your grandmother died and see if there is any deeds from yoru grandmother to your sister. If so then your sister owns the house. The question then becomes, why did your grandmother give the house to your sister and did your grandmother have the capacity to do so. Many time, family members move in with a disabled or incapacitated elderly relative to care for them and the house ends up being given to them. If your grandmother was incapaciated or unduely influenced then you may be able to get the house back. If you have been named as executor, and there is no deed then you can evict your sister. I think you need to consult an attorney!
Assuming you have probated the will and been named executor by the Court, you can evict your sister. You will probably need an attorney to help with the eviction. A grandchild does not have homestead rights in her grandmother's house.
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Estate Planning Attorney
No-not true unless grandma left the house to her.
If you are executor-you should have a copy of the will and
should know what it says.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Elder Law Attorney
You might want to check with the county clerk and recorder to see how title is held.
Family Law Attorney
I agree. Your sister does not own the house unless it has been left to her or given to her already. You need to call an attorney!