Q: I am the administrator over my mom’s estate in GA. How do I get a court order to evict someone from the property?
I need to get into the home to do inventory and to account for all contents before distributing assets to the heirs. I have a problem with an in-law who still lives in the home and refuses to allow access to any of the heirs to get into the home. Do I file an eviction notice against the in-law as ‘the Administrator of the Estate for. . . .?’ If not this eviction notice then what other court order do I need to evict this person? As the Administrator, I need possession of the home so that I can properly distribute the assets to the heirs.
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A: Hire a competent GA attorney now. The house may not be part of the Estate, and if not, the Heirs own it and a Partition Action may be needed, so a Title Search is necessary. With Letters of Administration you have authority to file the eviction action if the house is an Estate Asset, and can also sue for Return of Personal Property. Sometimes criminal theft charges can be made.
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