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.
Family Law Attorney
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.
4 lawyers agree
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.
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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.
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Family Law Attorney
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.
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