ADDITIONAL INFORMATION:

My two sisters, myself, and my deceased Dad’s live in caregiver are beneficiaries of my Dad’s will.  According to the will, the caregiver can live in the house up to 6 months after Dad passed.  At this time we can sell the house and split the profits. If the caregiver isn’t out of the house, what can we do? Do we serve her eviction papers and have to go to court to evict her?

ANSWER BY MARGARET CROSS-BELIVEAU:

Yes, the caregiver would have to be evicted if she has not yet moved.  Only a personal representative of your father’s estate has the ability to file an eviction.  If you haven’t done so already, you need to begin the probate process.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.