How to get rid of an unwanted occupant?
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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 10 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.
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