Father died and I can't get his girlfriend out of his home I inherited!

[Proserpina]

The WILL is being probated as we speak but I was wondering if the executor could send her a letter asking her to leave.

They can send whatever the heck they want. And the girlfriend can toss it right in the trash.

 

[justalayman]

Why do you think I'm on here asking? Of course I have alot to learn. I'm trying to get some bum out of my dad's home!

It was not your father's land. It is not your uncle's land. Your grandparents estates have to be settled first. Only then can it be determined if your father inherited the land. Only then can his will direct his ownership in the land to you.


So, until that point the executor of your father's estate has no control over the land that might end up being your father's.

 

[luckimom3]

The will is being probated as we speak and it shouldn't be much longer. I was wondering if the executor could send a letter asking her to leave. She's already stolen all my grandfathers tools out of his shed. My guess is she sold them to make money to pay for whatever she does... I want her gone especially after the way I found out how she treated my dad right before he passed away.

 

[justalayman]

The will is being probated as we speak and it shouldn't be much longer. I was wondering if the executor could send a letter asking her to leave. She's already stolen all my grandfathers tools out of his shed. My guess is she sold them to make money to pay for whatever she does... I want her gone especially after the way I found out how she treated my dad right before he passed away.

The will and the executor of your father's estate have nothing to do with your grandparents property.

 

[luckimom3]

The will and the executor of your father's estate have nothing to do with your grandparents property.

So as soon as the Will is probated and my father's part will is handed down to me stating I own the land and home that this girl lives in then I can evict her. But really nobody can do anything until after the will is probated, right? I guess I thought the executor had the say and could evict her b4 the will was probated.

 

[justalayman]

No


Your father did not own the land. Due to that you are not going to own the land.


At least until your grandparents estates are settled first and then IF your father and uncle actually inherit the land only then can you be gifted the land through the will.

 

[Ohiogal]

No


Your father did not own the land. Due to that you are not going to own the land.


At least until your grandparents estates are settled first and then IF your father and uncle actually inherit the land only then can you be gifted the land through the will.

And that is ONLY after father's will is probated. Just being handed the will means NOTHING.

 

[LdiJ]

So as soon as the Will is probated and my father's part will is handed down to me stating I own the land and home that this girl lives in then I can evict her. But really nobody can do anything until after the will is probated, right? I guess I thought the executor had the say and could evict her b4 the will was probated.

The executor of your grandfather's estate could file for an eviction against her.

 

[justalayman]

The executor of your grandfather's estate could file for an eviction against her.

It would seem, so far there is no executor, or even the intent of engaging an executor for grandpa's estate so far.

 

[LdiJ]

It would seem, so far there is no executor, or even the intent of engaging an executor for grandpa's estate so far.

Where did you get the idea that there would be no executor appointed for the probate? How can an estate be probated without an executor/administrator?

 

[Stephen1]

People seem to be talking past each other because of unclear use of language. Going through the entire thread I see concerns about two different estates (grandfather's and father's) and each of those potentially with separate wills going through probate. But there generally is no specification as to which estate, will, or which probate each of the posters are referring to. It may be helpful if each poster clarified which will and which probate (with the commensurate executor/administrator) they are referring to. I know it is perfectly clear in each poster's mind but based upon some of the responses I would say it is not so clear in the minds of the readers.

After reading all the posts I know that some estate is being probated and apparently has an executor/administrator BUT I don't know whether this is father's estate, grandfather's estate, or that there might be two probate actions with two executors/administrators.

What I see:
1. Grandfather's estate needs to be probated. BTW, I don't see any land passing to OP's father as the father was deceased at the time of probate. Depending upon the verbiage in the will (or if intestate, the state law), OP may see nothing from grandfather's estate.
2. Father's estate needs to be probated. This may occur before or after grandfather's estate as I don' t believe that father can inherit after he dies.
3. The executor/administrator for the estate that owns the property has a responsibility and the power to manage that property. If that executor/administrator wants the former girlfriend off the property then that executor/administrator may follow that state's rules for removing a tenant.

 

[LdiJ]

People seem to be talking past each other because of unclear use of language. Going through the entire thread I see concerns about two different estates (grandfather's and father's) and each of those potentially with separate wills going through probate. But there generally is no specification as to which estate, will, or which probate each of the posters are referring to. It may be helpful if each poster clarified which will and which probate (with the commensurate executor/administrator) they are referring to. I know it is perfectly clear in each poster's mind but based upon some of the responses I would say it is not so clear in the minds of the readers.

After reading all the posts I know that some estate is being probated and apparently has an executor/administrator BUT I don't know whether this is father's estate, grandfather's estate, or that there might be two probate actions with two executors/administrators.

What I see:
1. Grandfather's estate needs to be probated. BTW, I don't see any land passing to OP's father as the father was deceased at the time of probate. Depending upon the verbiage in the will (or if intestate, the state law), OP may see nothing from grandfather's estate.
2. Father's estate needs to be probated. This may occur before or after grandfather's estate as I don' t believe that father can inherit after he dies.
3. The executor/administrator for the estate that owns the property has a responsibility and the power to manage that property. If that executor/administrator wants the former girlfriend off the property then that executor/administrator may follow that state's rules for removing a tenant.

Father died AFTER grandfather, so you are wrong that he cannot "inherit"...despite the fact that grandfather's estate may just now be being probated.

 

[Stephen1]

Father died AFTER grandfather, so you are wrong that he cannot "inherit"...despite the fact that grandfather's estate may just now be being probated.

I stand corrected.