If my stepsister lives in my deceased father’s home and won’t move out, what can I do?

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If my stepsister lives in my deceased father’s home and won’t move out, what can I do?

I can’t afford much so I would like to do this myself. My stepsister won’t move out of my deceased father’s home. He passed away in 2002 and did not have a legal Will. She is now delinquent in property taxes. It was going up for tax sale but she paid $2500 through a lawyer and is now paying payments to get caught up. There are 4 of us true heirs. I believe I need to complete an order of descent to prove she is not related to my dad and will need to get out. Can this be done by me while living in AZ if my dad’s home is in KS?

Asked on April 21, 2011 under Estate Planning, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I a so sorry for your loss and for your troubles.  So I am assuming that no probate was started for your Father's assets, correct?  Because the house is an asset and has to go through probate to be sold and/or transferred.  Also, someone needs to be appointed as the personal representative of your Father's estate.  The person closest to Kansas and the probate court in the county in which he resided at the time of his death is best I think.  Although you can probably be appointed as an out of state personal Representative you will probably need an attorney in the area of Kansas to help with all of this.  The personal representative appointed will have the power to have her evicted from the property.  Get help.  Good luck.


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