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Freeloading Relative

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neka

Junior Member
What is the name of your state (only U.S. law)? Alabama
My mother was the Caregiver to my deceased Aunt as well as the Executor of her will. My aunt left everything to my mother and her siblings. She stated in her Will that it was her wish and desire for her home to remain as a family home and that each of them had a right to stay in the home as long as they desired and that no one can force the other to leave. This is where the problem lies. My mother and her sister are the ones staying in the house but my mother is the only one paying the bills as well as handling the upkeep of the house. Her sister has not helped in any way. She doesn't even have a job!! Her sister thinks she can just stay there and live off my mother without doing anything to help simply because of what was put in the Will. So my question is this: Can something be done to get her sister evicted? By the way, my Aunt died back in 2003.
 


curb1

Senior Member
fairisfair,
It might (most likely) is the mother's house. If it is titled in the mother's name, she can give the sister the boot.
 

neka

Junior Member
RE: Freeloading Relative Update

The deceased name is still on the title. My mother still wants to stay there and fix it up. She is tired and fed up with her and wants her to leave.
 

anteater

Senior Member
The deceased name is still on the title...
Why? The magic questions:

1) Has the will been probated?
2) Has the court appointed your mother to administer the estate?

My mother still wants to stay there and fix it up. She is tired and fed up with her and wants her to leave
Seems to me that your mother has as little right to be residing there as the sister.
 

neka

Junior Member
Sadly, no the Will has not been probated.. there are no other assets, just the house. Can she get her name on the title? She has been the only one paying the bills and paying the taxes on the house since she passed away. I don't think it is right for her to continue doing that without any help from that freeloading sister of hers. Isn't there anything that my mother can do to evict her?
 

anteater

Senior Member
Sadly, no the Will has not been probated.. there are no other assets, just the house. Can she get her name on the title?
Uh, I can see that you are having a difficult time catching the drift here.

Your mother is not the executor of your aunt's estate until she is appointed by the court. As in, submitting the will for probate and petitioning the court for appointment as the executor. Until then, the will means nothing and she has no authority regarding your aunt's property. And she can't just get her name on the title.

Now, since you say that the will leaves the property to mother and her siblings, once the will is probated, your mother can offer to buy out her siblings' shares of the property. And if her siblings agree to sell their shares, she will be the sole owner and she can do what she likes.
 

neka

Junior Member
I am very new at this. Forgive my ignorance about this situation.. I'm trying to learn as much as I can about this.
I did, however, tell my mother to go on and have the Will probated. We have also talked about buying her out of her share. So, we will see.
 

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