Rock Hill, SC asked in Landlord - Tenant, Estate Planning and Probate for Ohio

Q: I'm an executor of my Mother's estate in Ohio. It has been 5 months since she passed and there are 6 siblings.

One of my siblings had been living there rent-free and is not actively trying to vacate the home. What are my options

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Landlord Tenant Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If you have opened the estate with the probate court, and if you have a letter of authority issued by the probate court appointing you as executor, then you have the legal right to require the sibling to pay rent. Or you can evict the sibling and otherwise deal with the property as provided in your mother's will, or sell it, or transfer it to her heirs if she had no will. Use the Find a Lawyer tab to retain a local probate attorney to review all the facts and advise you how to properly carry out your duties as executor, because you have a fiduciary duty to your siblings to do it properly, and they can sue you if you don't.

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