Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

A: More information is needed to answer this question. It is not apparent whether your sister had the authority to sue for eviction. Was she the owner of the house? Whether the probate action will result in different ownership is another question. Were that action to result in the recognition of some right for you to remain is another issue. An attorney with all of the information should be able to sort this out.

A: Great question. If the court order has been entered, then the fact that there is an estate opened now on the file is of no consequence. The estate will have a personal representative that will be tasked with completing the eviction process. I hope this helps.

A: When a property goes into probate after an eviction order has been issued, the situation can become complex. Probate is the legal process where a will is reviewed to determine whether it is valid and authentic. However, typically, an eviction order issued by a court before the property was placed into probate remains valid. The eviction process might continue unless the court handling the probate case issues an order to stop or delay the eviction.

You should discuss this matter with your lawyer, who is familiar with the specifics of your situation and the local laws that might affect the case. Your lawyer can advise whether the probate proceedings might provide any legal basis for delaying or cancelling the eviction. They can also help you understand your rights and options during both the eviction and probate processes.

In the meantime, it's crucial to prepare for all possible outcomes. If the eviction is not halted by the probate court, you may need to find alternative housing. Stay in close communication with your lawyer to navigate this challenging time and ensure your rights are protected throughout both the eviction and probate processes.