Losing a parent is a traumatic experience all on its own. However, the stress and sorrow are only compounded when a child has to deal with estate issues. If you were appointed executor of a parent’s estate, then the odds are that you will be responsible for distributing belongings, selling assets, and deciding what to do with their home. Today’s economic realities mean that adult children frequently move back in with their parents after college. If your sibling is still living at home when a parent passes, you might have to persuade them to leave the property so it can be sold. Keep reading to learn about the process of evicting a sibling from a deceased parent’s home, along with tips on managing your responsibilities as an executor.
Understanding the Executor’s Duties
If you’ve been named the executor or administrator of a parent’s will, then the first step is learning what responsibilities that entails. Your role depends in large part on the terms laid out in the deceased’s will. While the administrator is only charged with distributing assets of the estate, an executor has more extensive duties, including following all the wishes of the decedent as presented in the will. Additionally, executors need to make sure debts and creditors are satisfied, a process that may include liquidating stocks, mutual funds, bank accounts, and real estate holdings.
Both administrators and executors may be tasked with liquidating property and other real estate holdings. The money recovered from these asset sales will be deposited into a bank account for the estate and is used to satisfy debts, such as creditor claims, legal costs, and other expenses. After all debts are paid, the remaining funds will be distributed to the deceased’s heirs.
In most cases, the executor or administrator has the power to sell real estate even if the heirs don’t consent. However, circumstances may arise in which the court disallows a sale. When creating a will, it’s important to spell out your intentions regarding your home. For example, if someone is remarried and wants their new spouse to be able to stay in their home, they need to convey this in the will or risk the property being sold with cash distributed to children and other heirs.
How the Courts Handle Sibling Evictions
Dealing with real estate issues is particularly challenging in cases involving sibling evictions. Situations may arise in which an adult sibling is still living in the home previously owned by the deceased. In some cases, another sibling is appointed as trustee and has the legal right to sell the property with or without their consent. In other circumstances, both siblings are trustees. If they disagree about what to do with a property, the court may appoint a third party to be sole trustee in order to prevent gridlock.
It’s important to know that situations involving sibling evictions can be complex. Even if the sibling who resides in the house is removed as a trustee, they may be able to oppose the eviction order. In some cases, the court will uphold the eviction, but in other circumstances they may encourage the siblings to find a remedy that works better for all parties. For example, the court may advise the executor to work out a rent payment plan or offer their sibling a revised timeline for moving.
Steps Involved in Evicting a Sibling From a Property
If you think you might be forced to evict a sibling from your deceased parent’s property, you should know that it’s a process. Typically, the first step is to have an attorney prepare an eviction notice. At this point, they will have a set period of time to vacate the property. If the sibling still refuses to leave, they will be served with legal papers, and a trial may be scheduled. Following the law is essential to ensuring that an eviction is legal
Trust JacksonWhite With The Probate Process
Probate is a complex process with a large number of moving pieces. At JacksonWhite Law, our team understands that dealing with probate issues can be draining. Our goal is to support families by making the process as smooth and stress free as possible. For more information on our services, contact us below!
Call Probate Attorney Ryan Hodges at (480)467-4365 to discuss your case today.
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