Las Vegas, NV asked in Estate Planning, Family Law and Real Estate Law for Utah

Q: My mother died 7 years ago my sister has been living in the home now the remaining sisters want to sell how do I remove

The sister and her property that's living there. The will states the house to be sold and divided equally, however we have allowed my sister to live there for 7 years and now she won't leave????

1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Who has title the house? Is it still in your mom's name? If so then you will need to file an action in probate called a determination of heirs (probably as the normal time to probate an estate has probably lapsed) in order to get a personal representative appointed who will then have the authority to evict her. If there has already been a probate opened, then the personal representative/executor has the authority to evict her, by the normal means.

I hope this helps.


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