Q: Can an executive evict a heir of the estate who has been living there 16 years While it's in probate?
My grandma bought my dads house and he paid her back. She died before she could fix the deed now his brother(executive) is telling him he has to pay rent or move. He doesn't feel he owes anything because it has been his home for 16 years
A: Your Father is not in a good position. Apparently there is a Will in Probate, so he may not be an Heir-At-Law. In fact it may be the Executor's Duty to sell the real property and distribute the proceeds, so you must read the Probated Will. He could possibly file a Claim Against the Estate, but this would be a very weak suit. If a Detainer Warrant is filed, he should assert the SOL, but he does not want to be in contempt of the Probate Court. A Title Search may disclose it was not the Decedent's Property. There are many different outcomes possible, but your Father needs to hire a competent attorney now.
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