Can executor evict heir?

UPDATED: Oct 1, 2022

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Can executor evict heir?

Two heirs have been living in estate
splitting mortgage and utilities.
Executor only put 1 heir on lease. The
other heir was told to vacate without
notice. Tennessee is the state they

Asked on April 29, 2018 under Estate Planning, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, an executor may evict an heir. Until the estate goes through probate and the assets (such as the house) are distributed to the heirs, the home is the property of the estate. As the owner, the estate, through its executor, has the right to remove anyone living there who is not already a rent-paying tenant on a lease (whether written or oral)--and could also remove such a tenant if legal grounds to do so present themselves. The executor therefore has the legal authority to do this, and if he/she deems in his/her reasonable discretion and judgment that removing an heir is in the best interest of the estate (will help maintain or preserve the property, reduce costs, or bring in revenue, for example), it would be appropriate for the executor to do this.

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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