Legal Question in Wills and Trusts in Ohio

Re: Estate executor

Yes. As Executor you exercise control over the property. If the person has a lease, you will have to honor the terms of the lease. If there is no lease the person is a month to month tenant, and you need to serve them with a 30 day notice of termination of tenancy. If they fail to vacate, you need to serve a 3 day notice to vacate. If they still continue to vacate, you can file a complaint for forcible entry and detainer, commonly referred to as an eviction. The court will then order them to move or be put out by the bailiffs. You will need to hire an attorney to represent you to file the eviction and appear at the hearing.

Disclaimer: I am not offering legal advice. I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer.

Re: Estate executor

An executor has a duty to maintain the estate properly. If their occupancy is not beneficial for the estate, then having them leave is proper. Keep in mind that it is almost impossible to buy property insurance for a vacant residence. I suggest researching this before making a move against the occupants.

Re: Estate executor

Yes you would have the right to do so, including the right to evict the person through a forcible entry and detainer action in municipal court; however, every situation has unique circumstances.

As Attorney Patete stated, you must act in the best interests of the estate. In the current soft real estate market, if the property is not likely to sell promptly, it might be prudent to have the property producing rental income; does the family member currently pay any rent? can they afford to pay a reasonable rent?

There are many other factors to consider, including as Attorney Patete mentioned, vacant property insurance, which can be obtained but it is very expensive. You should consult a probate attorney in person to have the situation reviewed in detail.