beneficiary legal rights

[wdsteele]

What is the name of your state? north carolina...i am the beneficiary of an estate that consist of ahome that i live in.the home is my mother who died recently.we are currently going thru the probate process.the home needs to be sold to pay the outstanding mortgage.the executor says that i need to move out so he can put it up for sell. i say that i can stay during the process of selling the home. does the executor have the legal powers/rights to force me to move out during this process of selling the home...thanks for any advice

 

[hexeliebe]

How many other beneficiaries are there?

 

[wdsteele]

there are 4 the executor/2 living in the home 2 living outside the home

 

[lwpat]

"does the executor have the legal powers/rights to force me to move out during this process of selling the home"

The executor has control of the assets of the estate and can force you to move. Proper eviction procedure would have to be followed.

It is my experience that it is much better for the house to be occupied. The yard stays mowed, the utilities on and some insurance companies will cancel or refuse to pay a claim if the house is unoccupied.

Is the executor going to turn it over to a real estate agent? If so you might talk to them and get them to recommend that you remain. You should pay the estate a reasonable rent.