• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need advice about my deceased mothers property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state (Ohio)?

My mother passed away in May 2008. My sister and her family have continued to live in my mothers home and has not produced a will or any other documentation to my siblings and I stating that they can stay there. My mother had cars, trucks, four-wheelers and a lot of valuable antiques in the home. She has not handled the estate at all including producing a will. How do I get help for this situation. I would like her out of the house until the estate gets settled because my siblings and I don't have access to the home and have seen some of the homes items listed on Craig's List for sale. Help.


Senior Member
Realistically, you and the siblings are in for a fight with sister. Therefore, your first step should be to consult with several probate attorneys, choose one that you are comfortable with, and then file to open probate and be appointed as the estate personal representative. Unitl someone is appoined by the court, none of you have the legal authority to act.

If sister was residing there before your mother's death, giving her the boot may be difficult. And it is likely that you will have a fight over personal property.

Don't delay.

Dandy Don

Senior Member
Heirs need to decide whether they want to sell the home or rent it out. Sister mistakenly thinks she can continue living there rent-free just because she may eventually be a co-owner in the home. If it is sold all heirs will receive their share of the proceeds. If she doesn't want to pay rent to continue living there, the executor will have to consult with a landlord/tenant attorney to follow state law regarding eviction procedures to get her out legally. Surely she can afford to find somewhere else to stay.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential