Asked in Probate, Estate Planning and Landlord - Tenant for Missouri

Q: If there is two hers for The descendants property can 1 heirs evict the other 1.

However the judge did order that the first heir have custody of administration over the estate in probate.

1 Lawyer Answer
Anthony M. Avery
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Answered
  • Landlord Tenant Lawyer
  • Knoxville, TN

A: An heir will be a tenant in common with the other heir owners. Each tenant in common has an undivided interest, and a right to possession. Eviction is not an option, but partition suit is. The land probably does not go through the Estate.

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