Vacate of Property

[VWPeach]

Jurisdiction

Alabama

I took care of my sister for 3years and her will was leaving me everything. After she passed in deb. I found out she made a new will in dec. We went to probate reading of will which I contested and the judge set a status hearing for dec. 13. I have now received letters to vacate the property on oct. 14 . I don't want the house I just want till dec. to find a place to move. What do I need to do to fight this oct. 14 date

 

[army judge]

What do I need to do to fight this oct. 14 date

You need to vacate as requested, or the new owner will file to evict you.

If an eviction action is filed against you, you'll be hard pressed to rent a decent apartment, house, or bird cage for the next 40 to 50 years.

You can fight it, but you'll still lose.

All you'll do is delay your eventual eviction.

Do ourself a favor, get out before this ruins your life.

 

[adjusterjack]

We went to probate reading of will which I contested

On what grounds?

I have now received letters to vacate the property on oct. 14 .

Who sent you the letter?

I don't want the house I just want till dec. to find a place to move. What do I need to do to fight this oct. 14 date

You might not be able to "fight" it but you can attempt to negotiate it by offering something in return for additional time.

 

[zddoodah]

After she passed in deb.

Huh?

I have now received letters to vacate the property on oct. 14 .

Received from whom (the executor of the estate)? When did you receive these letters? I assume you have no written lease that governs your occupancy of your sister's home. Correct? Have you been paying rent to her estate? If not, why not?

I don't want the house I just want till dec. to find a place to move. What do I need to do to fight this oct. 14 date

First of all, October 14, 2018 is a Sunday, so nothing's going to happen on that date.

It sounds to me like, shortly before she died, your sister made a new will. You said her old will leaves her entire estate to you, but you didn't tell us what the new will says. It also sounds you've been living rent-free for the last ten months or so. Finally, I think it's safe to assume that someone other than you was appointed as executor of the estate. Under those circumstances, I would think that the best way to buy another couple months in the home would be -- quite literally -- to buy the time (i.e., to pay rent). Of course, the executor doesn't have to accept your offer.

Beyond that, if the judge thinks that there's a legitimate basis to challenge the validity of the new will, he/she might be willing to stay the eviction. However, it's now October 10, so the date mentioned is four days away. You're going to need to consult with a local attorney ASAP.