Asked in Estate Planning and Probate for Louisiana

Q: Can my siblings have me evicted ?

The will states that we sell the trailer and lot and split it 5 ways. They all signed the succession but the lawyer quit before I signed it. So it’s still not in our names and I’ve lived here for 2 yrs and just want to stay til we sell it.

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: The executor has the duty to marshall and protect estate assets for the benefit of all beneficiaries. He or she is just doing his or her job. It will also be easier to sell and will sell for more if it has already been vacated, which is in the best interest of all beneficiaries. You could be held liable for creating delay or causing damage to the property so you had best move with as little drama as possible.

Mr. James Zitzmann
Mr. James Zitzmann
Answered
  • Estate Planning Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: Yes, but they can't use the standard statutory eviction process to do it.

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