If my dad died and i am responsible for everything can I kick out the grandson from the house

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If my dad died and i am responsible for everything can I kick out the grandson from the house

My dad died I am the oldest and have
responsibility over everything can I
evict the grandson from my dad’s
house

Asked on October 9, 2016 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are the personal representative (i.e. have been confirmed by the court as the executor or administrator of your father's estate; you must be authorized by the court in order to have power over your father's property), then if your nephew is not a rent-paying tenant, you can ask him to leave at any time...and if he does not leave when requested, you can file an action for "ejectment" ("ejectment" is eviction for non-tenants) to remove him. Ejectment actions can be somewhat complex: you advised to retain an attorney to help you.
If your nephew is a rent-paying tenant, then if he has a written lease for a definite term (e.g. a one-year lease), you can only evict him when the term is expired, for non-payment of rent, or for violating the lease or damaging the property. To  evict him if/when any of those things happen, you would bring an eviction action in court on behalf of the estate.
If your nephew is a tenant and has a month-to-month written lease or only has an oral (sometimes called "verbal") lease, you can give him a month's notice terminating his tenancy; if he does not leave them, you can again file an eviction action.


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