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  1. #1
    seattleheir is offline Junior Member
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    Question can an heir living on the property be evicted?

    What is the name of your state (only U.S. law)? WA state - father passed away 2 yrs ago and mother passed away last year. had 5 sons and 2 properties. one son was living with them taking care of them during their illnesses. son did not pay any rent as he could not afford it but parents wanted him to move in as he helps in other ways and paid utilities. now the son still lives there and still does not pay rent but does pay utilities. heater has gone out and house needs some repairs. can son be evicted for not paying rent? does not have a rental agreement, never did. since he is an heir to the property does he have any rights to live in house rent free? any info you could provide would be much appreciated.What is the name of your state (only U.S. law)?
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by seattleheir View Post
    can son be evicted for not paying rent? since he is an heir to the property does he have any rights to live in house rent free?
    The appointed executor (personal representative) of the estate that owns the property (presumably the mother as she was the last to die) has the right to handle the estate as appropriate... including evicting any 'tenants' or selling the property for the benefit of the estate.
  3. #3
    seattleheir is offline Junior Member
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    There are 5 brothers that inherited the property and 2 of the brothers are personal representatives. So they can evict the one living at the house if they want to? What if there is not a rental agreement? No rent has ever been paid or agreed to.
  4. #4
    JETX is offline Senior Member
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    Quote Originally Posted by seattleheir View Post
    So they can evict the one living at the house if they want to?
    Yes.

    What if there is not a rental agreement? No rent has ever been paid or agreed to.
    Not relevant. He is a tenant in the property and can be removed as any other tenant.
  5. #5
    Zigner is offline Senior Member
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    Quote Originally Posted by JETX View Post
    Yes.


    Not relevant. He is a tenant in the property and can be removed as any other tenant.
    Not so fast there Jet. He is a co-owner under the will...
  6. #6
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Not so fast there Jet. He is a co-owner under the will...
    **A: that does not give the freeloader permission to live rent free and not pay for repairs etc. There are two distinct entities here, the executor and the beneficiary. Look at it as if the executor was an unrelated third party.
    Last edited by HomeGuru; 02-12-2009 at 02:33 PM.
  7. #7
    JETX is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Not so fast there Jet. He is a co-owner under the will...
    No he isn't. The only thing we KNOW from the OP's post is (presumably) that the property WAS owned jointly by both parents when 'dad' passed away. What happened to the ownership on the death of the father two years ago... or what happened to the partial (full) ownership by the mother last year... we have no idea. As far as we know, the ownership is still held by the estate(s).

    My father-in-law passed away 3 or 4 years ago. Against my arguments, my mother-in-law never probated his estate. She passed away last year. We are now having to go through HIS probate first, to establish chronological ownership hierarchy... then probate HER estate to get all of it straight for their children (two sons, two daughters). And since I don't do probate law and am too close to the situation, the estate(s) are paying for a probate attorney to try to sort this out. Very expensive and time consuming... even with an attorney in the family!!

    (And to further complicate, HER oldest son was her executor... and he died four months after she did!!)

    Not something that I wish on anyone... but very common that people think when a spouse passes away... all ownership becomes the surviving spouses. It doesn't. Vehicles, real estate, bank accounts, stocks and bonds, etc. are ALL subject to estate and probate laws.
  8. #8
    Zigner is offline Senior Member
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    WOW, talk about reading in to things.
    I could have SWORN I saw something about a will and all of the kids being beneficiaries...my apologies.
  9. #9
    JETX is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    WOW, talk about reading in to things.
    I could have SWORN I saw something about a will and all of the kids being beneficiaries...my apologies.
    Being a beneficiary in a will does NOT make you an owner. That doesn't happen until the estate has been distributed in accordance with the probate court.

    For example.... presumably you are a beneficiary in someone's will right know (parent, spouse, sibling, etc.). That does NOT make you an owner (yet).
  10. #10
    Zigner is offline Senior Member
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    Quote Originally Posted by JETX View Post
    Being a beneficiary in a will does NOT make you an owner. That doesn't happen until the estate has been distributed in accordance with the probate court.

    For example.... presumably you are a beneficiary in someone's will right know (parent, spouse, sibling, etc.). That does NOT make you an owner (yet).
    Yes, I do understand that. In order for the sib's to evict from their parent's property, the estate would need to enter probate. (as you said).

    Honestly, I think we're both on the same page here...I just majorly flubbed by reading too much in to the OP.
  11. #11
    jess76 is offline Junior Member
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    administratrix

    Can the administratrix evict someone from the property? Even if she is the sister to the ones that has lived there all their lives? The parents passed away in 2006 and she claims she has the power to evict them from the property and home. There was no WILL! She doesn't even live around them but when she gets mad at them she claims she can evict them. Can she do this?
  12. #12
    anteater is offline Senior Member
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    Quote Originally Posted by jess76 View Post
    Can the administratrix evict someone from the property? Even if she is the sister to the ones that has lived there all their lives? The parents passed away in 2006 and she claims she has the power to evict them from the property and home. There was no WILL! She doesn't even live around them but when she gets mad at them she claims she can evict them. Can she do this?
    You should start a new thread. And, when you do, include the applicable state.

    (And, if you do, answer this question: who currently owns the property?)
  13. #13
    TheGeekess is offline Senior Member
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    Quote Originally Posted by jess76 View Post
    Can the administratrix evict someone from the property? Even if she is the sister to the ones that has lived there all their lives? The parents passed away in 2006 and she claims she has the power to evict them from the property and home. There was no WILL! She doesn't even live around them but when she gets mad at them she claims she can evict them. Can she do this?
    You have necroposted, a practice frowned upon on this forum.

    If you have a legal question, please start your own thread.

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