Q: Can a devisee be removed from the Will due to a physical altercation with an heir and vandalizing the home?
My dad left his home to three heirs and a devisee (I'm a heir/personal representative of the estate). One heir and the devisee got into a fight and the police had to be called. The heir was asked if she wanted them to take her to jail, but she said no, just have her leave the home. The next day, the devisee and her mother returned to the home and broke in, stealing some of the heirs personal property and vandalized the home. After all this and them not maintaining the property or keeping up with paying the bills, I decided it would be best to sale the property. I ended up changing the locks (I served her with eviction papers) so she couldn't come back and to anymore harm to the heir that resided there. The heir that stayed ended up moving out , so I got the house ready to sale. Then, someone broke into and took some personal items, such as, 2 large photographs and some other things that a typical robber would not take (I made a police report and waiting on the detective to call me).
A:
No, a devisee can’t be removed from the Will due to a physical altercation with an heir and vandalizing the home. But the estate could have a claim against the devisee for the damage done, which could be used to offset money the devisee would otherwise receive from the estate.
As always, this is an answer to a hypothetical. Make sure to talk to a qualified attorney about your specific situation before moving forward.
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