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Can I evict an heir?
Anonymous3 views2 answers
My mothers house needs to sell but my sister does not keep it presentable to sell. What actions can I take? I am the PR. The house is paid for. She does not pay rent to the estate. She has not done anything to prepare the house to sell. Comments made by possible buyers, on the realtors website,are that the house is dirty and how does anyone live this way.
Your question involves specific issues of South Carolina landlord tenant and Probate law. I am not a South Carolina, so I cannot give you a definitive answer. Under California law law you would be able to evict her in an unlawful detainer action, and could get an order from the Probate Court. As an heir, she has no right to occupy the property owned by the estate. She has no right to live in the house rent free. In fact, if you have other siblings, they could possibly make claims against you for failure to collect rent or other breaches of your duty to protect estate assets. You should consult with your Probate Attorney and if you do not have one, you should certainly contact one. Your State Bar association can make a referral if you do not know one.
Legal disclaimer: The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice.
I am a South Carolina attorney and not licensed in California so I will not attempt to answer any of your questions about California law. If you are PR, you can take actions to preserve, improve and sell the property. The question is, is your sister the ONLY heir? If not, assuming that you have not yet deeded the property over to the heirs with a PR's Deed of Distribution, you can certainly commence an action for eviction as PR of the estate.
