Asked in Estate Planning and Probate

Q: I need a good probate / estate attorney.

I am one of 4 heirs to property with two houses on it. I was living in my deceased father’s downstairs home for a year. When I left to visit my son for Christmas, my sister who lived upstairs, moved herself, her husband and her daughter into the bottom house, leaving her 23 yr old son to live upstairs. My father didn’t leave a will. She moved my things into another room where I’m basically living. I want to know if I have right to at least be able to live in one of the houses, at least until there is some time of legal action perused

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: You did not say what state this is, and that can make a big difference. All a volunteer attorney can do is answer in terms of generalities. As a general rule, in many states NOBODY has the right to occupy the house between the date of death of the owner and the final distribution of the estate pursuant to a legal process known as probate. Until then, all occupiers of the home other than those with valid leases are trespassers and can (and should) be evicted by the executor of the estate.

However, not all states have the same laws, so you should consult with a probate attorney in your state.

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