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In general, if a surrogate has legal authority over an estate, they can potentially seek to remove an heir from property that was owned by the deceased. This would typically involve following legal procedures, such as court hearings, to establish the surrogate's right to make decisions regarding the property. The specific laws and processes involved can vary based on the jurisdiction and circumstances of the case.

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Can a family member of the deceased evict you from the property you've shared with your wife of 15 years in Arkansas?

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.


Can the 3 other heirs of inherited property evict you?

In most cases, the 3 other heirs cannot evict you unless they have legal grounds to do so, such as non-payment of agreed-upon expenses or a breach of the terms of the inheritance. It is advisable to seek legal advice and review the terms of the inherited property to understand your rights and responsibilities as a co-owner.


What is the legal word for remove?

The legal term for remove is "evict." It refers to the legal process of forcing someone to leave a property.


What is a sentence using the word evict?

I will have to evict my room mate soon unless she can pay her share of the expenses.


Can you evict the spouse of a tenant if the spouse's name is not on the lease only the tenant's?

In general, if the spouse is not listed on the lease, they may not have legal rights to remain in the rental property. However, eviction laws can vary by location, so it is important to consult with a legal professional or local housing authority for guidance on the specific situation. It may be necessary to provide notice to the tenant and spouse before proceeding with eviction.

Related Questions

Can a Surrogates Court judge rule to evict a disabled heir?

The executor is responsible for the estate and its assets. They can evict people living on the property.


How do you remove a relative from a deceased parent's home when the parent died with a will and did not include that relative as a beneficiary.?

The new owner of the property or the trust holding the property would need to legally evict the person.


Can a husband evict a wife who has cancer from the property they own?

No. One owner cannot evict the co-owner of the property.No. One owner cannot evict the co-owner of the property.No. One owner cannot evict the co-owner of the property.No. One owner cannot evict the co-owner of the property.


Can you evict a joint owner from a property?

No. A joint owner has the equal right to the use and possession of the property.


Can a guarantor legally evict a tenant?

No, a guarantor cannot legally evict a tenant. Only the landlord or property owner has the legal authority to evict a tenant through the proper legal channels.


Can a family member of the deceased evict you from the property you've shared with your wife of 15 years in Arkansas?

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.


How can you evict illegal aliens from property which is for sale?

It doesn't matter whether they're illegal aliens: you can evict anyone you want to for good cause.


How soon can you evict a drug user?

You can evict a drug user in the same time period you could evict any other person. This depends on your local laws and regulations. Consult the property manager or a lawyer.


Does a finance company have to move a mobile home off property that is not theirs?

Yes, anyone whose property outstays its welcome is a trespasser. Failing to evict the trespasser in a timely manner could result in losing the right to ever evict them in the future.


If an adult child is staying with their parents temporarily does the adult child have legal rights to their parent's residence because they receive mail at their parent's address?

Receiving mail as a guest in your parents' home does not give you any legal rights in their property. You may be entitled to notice under state laws if they want to evict you but you have no other rights in the property.


If a landlord is in foreclosure can she evict the tenant of the same property?

A landlord can evict you no matter what because it's her property and she can do whatever she wants with it. But if you think of it, if she doesn't own the property anymore, who would you pay rent to, and you just can't live there for free and I'm pretty sure you can't pay the bank rent.


Can an executor evict an heir from estate during probate in the state of Massachusetts?

Yes, they can start the eviction process. They are responsible for the estate and its property. They could also collect rent.