can my aunt the executor kick ass out of my grandmother’s home after she died

UPDATED: Sep 30, 2022

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can my aunt the executor kick ass out of my grandmother’s home after she died

My grandmother has passed away and
in the will it states that the
house has to be sold and the money
goes to all the grandkids we’re
not trying to stay here but we are
trying to get into another place
but she wants us out now

Asked on March 27, 2017 under Estate Planning, Arizona


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Until ownership to the house is trandferred (i.e. titled in the names of the beneficiaries), they have no rights to the property, including staying in the house. Additionally, until the estate is closed, the executor has the right to evict tenants (which is what your are) according to state law.

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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