Sister Living Rent Free In Inherited House

Writing a wrongful ouster letter

If you have an attorney, they will first send your sister an ouster letter. Your letter clarifies that you object to her living on the property and wish her to begin paying rent. An ouster letter can trigger the right to receive back rent if the house sells.

If you do not receive an ouster letter, your sister cannot claim back rent. A lawyer will be able to assist you in writing this letter.

Receives Rent from Tenants on the Property

As soon as your sister receives rent from your sister, you are entitled to a refund for the rent you contributed. Once the house has resold, and the proceeds have split. You will also receive a reimbursement for your share of the collected rent.

It is your right to request an accounting from your sister if she is the estate’s executor or trustee to show that the rent collected on the property goes to the estate.

Seek summary eviction against your sister.

It may be possible for you to seek summary eviction against your sister if you are the executor or administrator. According to California law, summary eviction proceedings cannot be instituted against family members.

Seek summary eviction against your sister.

According to these property owners, their family members are licensees permitted to stay on the property but have left it. Courts in California refuse to classify family members as licensees that can be evicted in a summary proceeding.

Eviction cases for family members must occur in the Supreme Court. This takes longer to resolve and includes discovery.

An executor, administrator, or trustee may not evict beneficiaries under this exception. In the licensee holdover proceeding, the family member exception does not apply. Even if the executor, administrator, and beneficiary are family members.

The family member is not instituting the proceeding against the other family member as a property owner but as an executor or administrator of the estate. Even if the executor or administrator is related to the beneficiary as a family member. The executor or administrator can file a summary proceeding for eviction against the beneficiary.

Without a landlord-tenant relationship, eviction proceedings need a 10-day notice to quit.

When your sister occupies estate property rent-free as an executor, administrator, or trustee.

The situation of a Sister Living Rent-Free in the Inherited House becomes more complicated when your sister occupies estate property rent-free as an executor, administrator, or trustee. In this case, it is possible to file a petition against her as a trustee or executor and appoint a successor trustee or executor.

As a fiduciary, your sister must act without conflict of interest and in the estate’s best interest. Living in the estate’s home without paying rent does not benefit it. A family home that is used rent-free will suffer more wear and tear. And the estate will also receive no financial enjoyment from the executor or administrator remaining there.

Before discharging, your sister may also need to submit an accounting. If the accounting is objectionable, you can ask your sister to pay rent for the entire period he lived in the property rent-free and the rent she collected from tenants.

Upon the court appointment, the successor executor or administrator may file an eviction action against your sister if she refuses to leave the property. Let the attorney real estate group help you evict your sister from the estate property and enforce rent payments.