If said family member is the executor of the deceased estate and your name does not appear on the deed to the property then yes you may be evicted...
If said family member is the sole inheritor of the property via the will of the deceased and there are no special exceptions in the will concerning the living spouse of the deceased then you can be evicted once the property deed is legally transfered.
Added: If you are a spouse excluded from the will, you may be able to inherit under a law known as "years support." You should contact an attorney in your state that practices Wills and Estates to inquire about your options.
Additional: If you are occupying the property under the terms of a lease or contract, the estate of the deceased MUST honor the provisions of the lease - however - when it expires, the estate/heirs are under no obligation to renew it.
If such a lease/contract exists and the estate wishes to evict you from the property prior to its expiration date, the estate/Executor in doing so, must comply with whatever landlord/tenant law may exist in your state.
No, taking property from a deceased family member without legal authorization is considered theft. The property of a deceased family member typically goes through the probate process to determine rightful heirs and distribute assets according to the deceased person's will or state law. If you believe there are disputes over the inheritance, it's best to seek legal advice.
The timeframe for removing personal belongings after the death of a family member with lifetime rights to a property depends on local laws and any provisions in the person's will or estate planning documents. Typically, the family may need to remove belongings promptly after death to facilitate the settling of the estate and potential sale or transfer of the property. It is advisable to consult with a legal professional for guidance on specific timelines and requirements in this situation.
If you really mean to tear this family apart have the executor of the estate contact the police dept. and file larceny charges. Theft is theft and stealing from the dead is the worst theft of all... Have the executor of the estate call police and report the vehicle as stolen have said family member arrested for grand theft auto (a felony charge).. Let said family member go through the process of being arrested,jailed,posting bail,and being arrained by the court...Then on the day of said family members criminal trial have the executor ask the court to drop the charges....thus teaching the evil doer a very good lesson... However if said family member is not very well liked then allow the charges to remain and let them be convicted of grand theft....
It depends on the laws of the specific jurisdiction. In many cases, immediate family members such as spouses, children, or parents may have the right to request a copy of a deceased relative's will. It's advisable to consult with a probate attorney for guidance on obtaining a copy of the will in your particular situation.
Yes, in West Virginia, a family member who is a lawyer can represent another family member in family court as long as they are licensed to practice law in the state and do not have a conflict of interest. It is important to disclose the relationship to the court and ensure that the lawyer can provide unbiased representation.
No, taking property from a deceased family member without legal authorization is considered theft. The property of a deceased family member typically goes through the probate process to determine rightful heirs and distribute assets according to the deceased person's will or state law. If you believe there are disputes over the inheritance, it's best to seek legal advice.
Can a family member buy a short sale property from a family member
Bills are paid from the estate of the deceased.
If there is no cash in the estate, other personal property OR real property, the estate is said to be insolvent and the creditors are out of luck. However, the sole debts of the decedent must be paid from any property, real or personal, before that property can be distributed to the heirs.
It's not really a possible scenario.
The executor of the will has the ability to sell property of the estate. They may have to in order to pay off the debts of the deceased. The value of the property after the debts are cleared would be split between the family members.
Anyone, but it is usually a family member of the deceased
Huh?
Mate: Whiteclaw - Deceased, Suspected StarClan member
Mate: Tigerstar - Deceased, Verified Place of No Stars member Daughter: Mothwing - Living, as of Fading Echoes Sons: Tadpole - Deceased, Residence Unknown Hawkfrost - Deceased, Verified Place of No Stars member
Mother: Nightwing - Status Unknown, most likely deceased
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