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My sister is living in my deceased mother's house for free but she has let the homeowners insurance expire.

Gretna, LA |
Filed under: Executor of will

I am the executor so can I remove her from the house. I have been asking her to get the insurance but she said she can't afford it but she is working and also receiving social security and she can afford it.

Attorney Answers 4


  1. Best answer

    You, as the executor have an obligation to obtain insurance on the home. You should use succession funds to do so and you must file with the court to obtain court approval to use any succession property. If you need to evict her you have the right to do so.

    Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.


  2. You need to see an attorney, RIGHT AWAY. Is an estate open? Is the house part of the estate? Or has probate closed and the property been deeded to the two of you? It is not clear what your actual authority is, in this matter. You need to contact a lawyer and find out what your rights are.

    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!


  3. I agree with Attorney Frederick that there are other questions that need to be answered. If a probate case has not been opened, it needs to be filed. If the circumstances are right, you may be able to try an eviction, but that may not be in the best interest of the estate, particularly if the house is being maintained. Further, the personal consequences need to be considered. Particularly since Louisiana law is unique in this country, find a qualified probate attorney who is licensed in Louisiana to review all the facts and circumstances and proceed from that point.

    If this answer is helpful or you feel it is the best answer, please click that option. This response is for general informational purposes only and not for the purpose of providing legal advice. The writer is only licensed to practice law in TN. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the answers by the named attorney do not create an attorney-client relationship between said attorney and the user or browser.


  4. You did not state if the estate is in probate yet. Your duties and authorities as an executor do not become active until you receive letters from the court. If you have your letters, you need to remove your sister and preserve the house as a probate asset. You also need legal representation so you will be able to correctly carry out your duties as executor.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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