Q: How do I remove a tenant of my deceased father's estate who is also 1 of 3 heirs and personal rep of the estate?
When my late father wrote his will, my sister was not living with him. However, she moved in during the last five months of his life and is now occupying the home (Michigan). We'd (me and my other sister who both live in different states from our sister/Dad) would like to sell the house and split the assets (three ways-according to his will) but can't because she is living in the home. She is also named as the PR. Is there anything we can do to remove her from the house so we can sell it?
A:
What does the will say about the disposition of the house? Is it supposed to be sold under the terms of the will? Has the nominated PR been appointed by the local Probate Court? Has there even been a petition/application for probate?
You need to consult with a probate attorney in the county where your father lived at the time of his passing. If there is probate underway, you can petition the court for liquidating the asset if that isn't done appropriately, and if Probate has NOT been started yet, you can petition the court to begin that process and ask that the nominated PR NOT be given authority because they haven't done what is needed yet.
Seek local legal help as this is NOT a DIY project! The technicalities are important!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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