if per the will of a deceased person that deceased person's caregiver is entitled to 4% of the estate, can the caregiver be evicted from the deceased's home without a court order?
1 Answer from Attorneys
It doesn't depend as much upon the terms of the will, but rather upon whether the caregiver is a "tenant" as defined in the landord-tenant act. Did the person have a lease? Assuming no lease, was the person a live-in caregiver?
Has the will been admitted to probate? Are you the personal representative? If so, you have nevertheless failed to indicate that the will leaves the caregiver any interest in the home. Accordingly, the person probably can be evicted, but it may require a court order. This is because ordinarily a tenant cannot be forced to leave the home without an eviction action being filed in court and an order of eviction entered.
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