Klenk Law

How Does an Executor Remove a Squatter from Estate Property in Philadelphia County, PA

Posted on Tue Oct 7, 2014, on Probate and Estate Administration

From our “Ask a Question” Mailbag: How Does an Executor Remove a Squatter from Estate Property in Philadelphia County?

Most Recently Updated July 6, 2018.

“How does an executor remove a squatter from a rental owned by the estate?”

Information on how can an executor remove a squatter from estate property.

How can an executor remove a squatter from estate property in Philadelphia?

It is the executor’s duty to protect the estate assets and to make them profitable. If the estate has a rental unit with a squatter, the beneficiaries could try to hold the executor responsible for lost rent if he does not act. Because this is an estate asset the executor is trying to optimize, he is free to use estate assets to retain an expert to assist in the eviction.

Klenk Law represents executors in five states. In all five states, Klenk Law has had the unpleasant duty to help an executor remove a squatter from estate property. In all states there are attorneys who focus their practice on removal actions. They specialize in removing squatters. They make what would otherwise be a long an unpleasant experience much easier.

What should an executor do?

That being said, the executor should consult with their Probate Attorney about other options. Klenk Law has managed many estates that have sold properties with the squatter still living in the building, thus shifting the problem to the new owner. This usually means a discount on the price, but sometimes the discount is less than the cost of removing the squatter.

Sometimes the squatter is a family member, which complicates things. When a family member will not move, it sometimes is wise for the executor to have their Probate Attorney work through the Orphans’ Court to effect the removal. If the squatter is also an heir, there is a chance the squatter will petition the Orphans’ Court to stop the eviction. It would be wise to have an experienced Orphans’ Court Attorney advise the executor about the options before moving against an heir/squatter.

More Probate Questions?

Helping an executor remove a squatter from estate property in Philadelphia is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Helping an Executor Remove a Squatter from Estate Property in Philadelphia

I hope that this article was helpful in explaining the process for an executor to remove a squatter. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

Peter Klenk, Probate Lawyer

 

Tags:

Executor, Fiduciary Duty, Pennsylvania, Philadelphia

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