Sibling Won't Vacate Parental Home for Estate Settlement?

[welkin]

She is a co-executor on the estate, my question without an answer (or without my understanding of the answer) is: what grounds do I have to attempt to evict her?

That she is not paying the estate any rent. Got it now? She doesn't own the house. The estate does.

 

[Tax Counsel]

She is a co-executor on the estate, my question without an answer (or without my understanding of the answer) is: what grounds do I have to attempt to evict her?

Being executor does not give you a right to live in the home owned by the estate. Being a beneficiary/heir of the estate doesn't give you a right to live in the home owned by the estate. Especially rent free. That hurts the other beneficiaries of the estate. If the estate does not reasonably promptly sell or distribute the home it should be renting out the home at fair market value rent to generate income for the estate. Not doing that violates the executor's fiduciary obligations to the estate and its creditors & beneficiaries. The fact that she has no right to live there rent free is your basis for evicting her.

It's time for you to see a lawyer and get this process started. It's not going to get any cheaper, faster, or easier sitting around waiting.

 

[Zigner]

She is a co-executor on the estate, my question without an answer (or without my understanding of the answer) is: what grounds do I have to attempt to evict her?

Your question has no easy answer. You should speak to a local estate attorney (to start).

 

[adjusterjack]

what grounds do I have to attempt to evict her?

She's a tenant of the estate and doesn't pay rent.
She's committing "waste" of an estate asset. (Yeah, that's a thing.)
She's preventing the probate of the estate.
You can even report her embezzlement of your father's money and see if you can get her arrested and prosecuted.

Yours is a common situation. Probate attorneys have experience in handling this kind of thing.

I think your basic question is "How do I get her out without spending a ton of money?"

The answer is that you don't get her out without spending a ton of money.

Interview several probate attorneys and find one who has been successful in getting recalcitrant heirs out of a house. Then write him a nice fat retainer check and let him go to work.

She's going to keep thumbing her nose at you until she is served with court papers (for whatever cause) and starts taking you seriously.

 

[graphix1]

Thanks for all the VERY helpful input. I think (unfortunately) the POA was written so she could spend estate money as long as she kept accounting. I can blur the personal stuff and upload it if anyone thinks that would help. Along with those other things she is doing, what about her using my mother's credit card for about 6 months after my mother passed? As far as I know this is fraud any way you slice it. Could that be a bit more tinder in the fire?

 

[adjusterjack]

Along with those other things she is doing, what about her using my mother's credit card for about 6 months after my mother passed? As far as I know this is fraud any way you slice it. Could that be a bit more tinder in the fire?

That's only tinder for the fire if you call the authorities and report the embezzlement and they arrest and prosecute her.

Otherwise it's an empty threat that she will recognize as more hot air.

 

[adjusterjack]

We've gone as far as we can go with this poster.

Thread locked.