Atlanta, GA asked in Estate Planning, Landlord - Tenant, Real Estate Law and Probate for Georgia

Q: Is it possible to evict an estate?

I lost my grandparents around 3 years ago. My mother, also the executor of both estates (and bear in mind we have an extremely strained relationship), inherited almost everything while I ended up with the house. I have received a deed with clear title and it has been filed with the local superior court and tax assessor. I would like to do some minor renovations to the house and move in, but my mother has been extremely resistant in removing their belongings, citing that she doesn't have time (even while taking multiple vacations) or that I don't help, which any help gets met with anger. So I'm stuck living with her. Considering that both estates are still open, can I take eviction action against the estates and force my mother to remove their property and anything that she has asserted ownership of?

1 Lawyer Answer
James Clifton
James Clifton
  • Landlord Tenant Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: If the estates are still open, your best bet would be to petition the probate court to have the items removed or have the estate pay you a storage fee. You could make a claim as a creditor. Since you are the legal owner, you technically have the right to have the remaining personal property removed through an eviction. However, you want to make sure you don't get in trouble with the probate court in doing so.

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