Q: I am the Executor of my late sisters estate. She has a small home and a car. Her roommate refuses to leave the house
The roommate will not give me the keys or access to the house or car. He states he has a holographic will but will not give me a copy. I filed a Small Claims to make him leave and sent him a demand eviction letter. He refuses to leave. He is a career criminal out of jail on a secured bond.
A:
Unless the roommate is able to provide proof that satisfies the court of his ownership, the small claims eviction should be sufficient to remove the roommate.
But until he actually tries to challenge your probate authority, ignore his claim of the will. Make him prove that he has a valid will. Do not take any steps for him.
Anthony M. Avery agrees with this answer
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