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As an appointed executor can i evict other relatives living on property?
except the one who by will is to remain until property until it is sold?
Asked on April 25, 2018 under Estate Planning, Texas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, you may. The executor of an estate functions basically like the manager of a business: the executor does not own the property/assets, but manages or controls them. He has the authority to remove people from real estate, so long as their removal does not violate the will's instructions and is in the interest of the estate and heirs (e.g. will allow property to be fixed up or marketed or staged for sale, so as to expedite sale and maximize price). To remove them, assuming they are not rent-paying tenants, you need to bring a legal action traditionally called an action "for ejectment" (though your state may have a different name for it). This is a somewhat "technical" action in that a minor error in procedure or documentation requires you to start over; you are advised to retain a landlord-tenant attorney (who generally will know how to bring this action as well as the more common evictions of tenants) to help you. The attorney can be paid from estate funds, as this is an estate expense.
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