Can an executor evict a beneficiary from a home that has been sold in order to pay debtors of the estate?

UPDATED: Oct 2, 2022

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Can an executor evict a beneficiary from a home that has been sold in order to pay debtors of the estate?

Im the executor of my sisters estate. She left no money, only a house on which a
mortgage is still owed. Her will states that her son may live in the house as long as
he wants after her death. He has been paying mortgage payments for 4 months. In
order to pay her outstanding debts, however, the house is being sold. Her son
refuses to move out. How do I evict him before/after the house is sold?

Asked on August 8, 2019 under Estate Planning, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He is not an owner and he is not a rent paying tenant: that means he is a "guest" and a guest may only remain as long as he is permitted to stay, and that permission can be withdrawn at any timen He can be asked to leave at any time, on proper written notice. Send written notice by regular and certified mail, return receipt requested, giving at least one full month to vacate and receiting your authority (as executor) over the property. If he doesn't leave when required, your can bring what was traditionally called an action "for ejectment" in court to remove him. This action is highly technical in that a paperwork or process error can force you to start over; it is recomended that you retain an attorney to help you from the very beginning (drafting and sending out the notice) to end.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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