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probate eviction

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ofie

Junior Member
What is the name of your state? CA
My sister and I were name co-executors, but her daughter has been living in our fathers house for over 1 year since our dad's death, and not willing to move out. My sister is not willing to tell her daughter anything about moving (she gets mad at me). This daugher has been living in the house rent free and she has destroyed the inside and outside of the house. The house we want to sell but we can't go inside to see how bad she has destroyed it, because from the outside it looks like a dump. Is my only option to get my sister off as executor? Can we get the daughter evicted within 30 days or will this process be long? Can we get a sherrif to go with us to evict her?
 


I AM ALWAYS LIABLE

Senior Member
ofie said:
What is the name of your state? CA
My sister and I were name co-executors, but her daughter has been living in our fathers house for over 1 year since our dad's death, and not willing to move out. My sister is not willing to tell her daughter anything about moving (she gets mad at me). This daugher has been living in the house rent free and she has destroyed the inside and outside of the house. The house we want to sell but we can't go inside to see how bad she has destroyed it, because from the outside it looks like a dump. Is my only option to get my sister off as executor? Can we get the daughter evicted within 30 days or will this process be long? Can we get a sherrif to go with us to evict her?

My response:

Were you confirmed as an Executor by the Probate Court? If not, you have no rights to the home - - yet.

Right now, your sister has as much right to the home as you do and, as such, can allow her daughter to live there. But, your sister placed herself on the "legal hook" for allowing her daughter to "waste" your inheritance.

So, when the court confirms your status, along with your sister, then you can sue your sister for "Partition" to have the property sold and proceeds divided. In your lawsuit against your sister, you can also sue her for the damages caused by her daughter; i.e., diminution of property value and damages.

IAAL
 

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