Q: Can an executor of a will evict family members from a house? Need to sell.
The owners have passed away, family members refuse to leave but have not paid bills, I had to pay in order to keep utilities on. The house has been left to me and I am also the executor of the will. I need to sell the property, in order to sell it they need to move out so I can clean and get paperwork done to have the house on the market soon. Am I allowed to file for eviction as the executor of the will?
I see no impediment to the Estate's immediate right to possess the real property, and you are, as Executor, the voice of the Estate.
So yes, especially given that you are the heir to the home property, your request for eviction, for at least the given reasons, should be honored.
A: You need to open a probate, be appointed executor of the estate and then you can file an evection proceeding. Just being named executor in a will is not enough.
As a follow-up, from your question, I assumed that the Will naming you as Executor has been presented to and accepted for the opening of a probate case by the Registrar of Deeds/Probate Court.
However, even absent that fact, there is judicial precedent in PA that real property passes to the heirs immediately upon the death of the owner. The immediate passage of ownership, itself, most probably gives the named heir the rights of ownership of that property, and with that, eviction can proceed.
I strongly recommend that you consult an experienced PA lawyer for your best path to proceed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.