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Posted on Tuesday, October 7th, 2014 by Peter Klenk

Question: As the Executor of a Philadelphia estate, can I hire an eviction attorney to remove a squatter from a rental owned by the estate?


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 remove squatters from homes and rental units. 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.

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.

If anyone has questions about Philadelphia County Probate, feel free to contact our office for a free consultation. Wills, Trusts and Estates, It’s all we do!

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