How to get rid of an unwanted occupant?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to get rid of an unwanted occupant?

My mother passed away a short time ago. I lived with her in her home off and on for the last 15 years, and had moved in again days before she lost her battle with cancer. She owned a home but still owed approximately $90,000. She did not have a Will but everyone knew that she wanted us three children and my son (her grandson) to still be able to “come home”. I am the only child that can financially afford to maintain the mortgage and all children have agreed on this matter. However, my uncle (mother’s brother) moved in with her from out of state maybe 2 weeks before she passed. He is an out-of-work alcoholic that don’t want around my son and can’t afford to support. need to know where to start to protect my family and my mother’s home?

Asked on May 30, 2013 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The estate should file an ejectment action against the uncle: if the uncle was only her guest, he has no right to remain there--however, the only legal way to remove a no-longer-wanted guest is through the courts, by ejectment, which needs to be filed by the party in interest, her estate (since the  property has not yet been distributed via intestate succession). You should retain a lawyer to help you; the lawyer can also help with probate of the estate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption