Can the executrix of my grandfather's will kick me out with no place to go/no money even though I was willed part of the house?

Question

Can the executrix of my grandfather's will kick me out with no place to go/no money even though I was willed part of the house?

Anonymous Feb 23, 2009 3 views 2 answers

My grandfather passed in Sept 08 and my aunt was named executrix of the will. She, the day of his memorial service, began asking me to move. I was raised by my grandfather and the home in question is my childhood HOME and I have been "caregiver" to my grandfather for at least the last 3 years. I did not have a regular job because being here for him (and my mother who passed in July 08) which was my "job", 24/7. My aunt gave me an "allowance" of $100/wk from July until his death in Sept. This leaves me BROKE. My aunt had the will written and took my grandfather to sign it so I don't know if that can be contested (there is a no-contest clause) as "undue influence" (something like that) or not. I am positive that my grandfather wouldn't have anyone in my family kicked out on the street and because my mother pre-deceased my grandfather, I (with my 2 brothers) am included in the will. The will states that everything is to be devided equal (3 daughters orginially). I have tried to explain to my aunt, executrix, that I need some time to get on my feet but that is not enough for her, she wants me out of the house yesterday. She took me to court to have me evicted but can I actually be evicted from a home that I own part of? It was my understanding that the house was to be sold as is but when we went to court she tried to say that she has not been able to get in the house to see what needs to be fixed, replaced, etc. This is a 40yr old house so I am sure that there are many things that need to be done and I have no problem helping in the process. Why can't I live here until the house sells and I can receive my part of the money to start over? The 2nd aunt advised me that she would not let me be kicked out but has changed her mind I assume because of the no-contest clause. She knows that her father, my grandfather, never intended for anyone to be "put out". I have credible witnesses to the fact that my grandfather was planning to make another will in the weeks before his stroke. Unfortunately, he didn't get around to it. Besides that, I and my brothers, have been told our whole lives that we would have the house. I believe my aunt actually having the will drawn up is a valid issue but I don't have any idea what to do. We have a court date on March 4, 2009 for another "eviction". The 1st one was thrown out because it was filed in magistrate court and the judge said it would be probate. But this time, her lawyer, the same lawyer who wrote the will, will be representing her. Isn't he supposed to represent the "estate"? I have not recd anything from the estate attny besides a threatening letter before he filed the dispossessory. My aunt and I have not had a good relationship for years so I don't see her being reasonable or listening to anything I have to say but I can't believe she can just kick me out on the street. Me and my 2 brothers are living in the house and we are to split my mothers 1/3 of the estate. Any advice on where to start? Do I contest the will and risk losing anything or do I have any leverage being as I "own" part of the home? I would be willing to buy my aunts out if I can obtain financing or what is the problem with me living here until the house sells? Any idea where I should start? Thanks!

Frank Selden · Accepted Answer · 2026-06-15T10:26:01+00:00

While many wills contain clauses that state something to the effect "if you contest you get $0", most courts still allow contests that go to the heart of the will itself. So undue influence, mental duress, invalidity under the law etc are still legitimate contests. As for the home once the owner passes (very dependant on the titling of the property) the estate then owns the property for the benefit of all creditors and beneficiaries. Usually an executor would start charging rent rather than just kick someone out but sounds like she might be within her authority. The attorney hired by the executor represents the executor not the estate. You can have your own attorney or you can bring your motions / concerns directly to the court. Start by reviewing the probate file. If she is that unreasonable a good, local probate attorney will help immensely.

Robert Hughes · Accepted Answer · 2026-06-15T10:26:01+00:00

You have lots going on, adn need to separate the issues into their appropriate categories. First, if you are living in a home that you do not own, you are a tenant and can be evicted if the landlord chooses to evict you. That process might take up to a month, but will succeed. Second, if the will is valid, yoru aunt will be required to hanlde the estate expediently. Selling the home is an integral part of settling the estate. You are allowed to try to purchase the home from the estate. You will need to make an offer for it better than any other offer made on the home. If the will was created without your grandfather knowing what he was doing, the will might be proved to be invalid. The no contest clause might cause you to lose your share of the estate if it is held to be a valid will. If the will was procured through conduct of your aunt, you may have a claim for undue influence against your aunt that will cause the will to be declared invalid. You have only twenty days after you are served with the petition to probate the will in which to complain about the will. YOu cannot simply sit around and wait to see what wil happen. If you have not been served with the petition by the sherif or have not signed a document acknowledging the petition, your clock has not started running.

Can the executrix of my grandfather's will kick me out with no place to go/no money even though I was willed part of the house?

Attorney Answers

Browse by Practice Area

Browse by State