Can an executor remove me from his mother’s land and take my possessions?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an executor remove me from his mother’s land and take my possessions?
My dad passed away 6 months ago and was supposed to be deeded this land by his mother when she passed, however my father passed away before my grandmother. She just died 2 weeks ago and now my uncle is the executor over all of her land. My dad had a mobile home, camper, barns, etc., on this land. He brought the cops to my house and told me I need to leave, however I’ve never been given an eviction notice. How long do I have to legally leave or do I have a right to homestead as I’ve been here for the past 2 years and it was my dad’s? Can he take all of my possessions?
Asked on June 27, 2012 under Estate Planning, Arkansas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
From what you have written with respect to your father supposedly getting title to the land that you occupy from his mother (your grandmother) you need to carefully read your grandmother's Will or trust (assuming she has one) to see if there is a provision within it that if your father died before your grandmother that the gifitng provisions to your father by your grandmother would go to your father's heirs including the property you are writing about.
If so, then you need to review your father's Will ot trust to see who gets what from his estate.
The whole process that you are writing about is a complicated matter with various entitlements hinging upon conditions in assumed written Wills and trusts of your grandmother and father.
I suggest that you consult further with a Wills and trust attorney about your situation when you obtain copies of the above documents.
Potentially the executor of your grandmother's estate can legally have you removed from the property you are occupying. The executor cannot legally take your possessions that you have written about.
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 AttorneyPages.com 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.