Youngsville, LA asked in Probate for Louisiana

Q: Can i get evicted from my fathers house by the executor

my father gave me permission to stay at his home while awaiting my home to be ready. During that time he passed away. I am not the beneficiary, my son is. My son is not the executor a lady is who took care of him. Can she evict me while I am waiting on my house to be ready.

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: I am sorry to say but yes, she probably can, and she probably has a duty to do so. The executor is charged with collecting all property in the estate and securing and maintaining it. Without a written lease, you don't have much of a leg to stand on to stay. You might try negotiating a short term lease with her and your son in which you agree to maintain the property and vacate within a certain period of time. The alternative is for you to hold your ground and force the executor to incur legal fees to evict you, but that could get ugly all around and would not look good on your credit report. Negotiating a lease could be a win-win for everyone. It might be worth it to you in order not to have to move twice.

Douglas Lee Bryan
Douglas Lee Bryan
Answered
  • Probate Lawyer
  • Marksville, LA
  • Licensed in Louisiana

A: Yes, if she's the executrix, she can. I would attempt to negotiate a lease with the estate that would benefit you both. Good luck.

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