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Is resident considered a tresspasser or needs to be evicted?

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  • Is resident considered a tresspasser or needs to be evicted?

    I am the personal representative of my mom's estate. My sisters asked to move into her home temporarily until she found a place to stay, after my mom died. It was only supposed to be for 90 days, but it has turned into 18 mos. She has been there without paying any rent and with no rental agreement between us. The taxes on my mom's house are delinquent now, and I asked her to move so we could ger her estate taken care of, including finding a renter to help cover the delinquent taxes. My sister agreed, so to not have her say she never discussed moving, I gave her a written 30 day notice. She has flipped out since she got it. The 30 days was up on Sept 19 and she is refusing to move. She has even filed for a prot order against me which was denied and now she is saying she will not leave and that I need to bring the law to make her leave and if I come over there inside or outside she will call the police on me. What rights do I have? Is she considered a tresspasser adn can I just call the police and have her removed? Do I have to do some kind of legal eviction? Can I go there inside or outside the property without her permission? Please help. I need to get into the home to begin preparing it for sale. She agreed to leave and now I can't get in there. Also, does she have the right to change the locks to prevent me from entering?

  • #2
    Hi--once she has been legally living there you normally need to file for eviction in the local court if you two cannot come to some agreement. You unfortunately cannot just lock her out or throw her out etc. But the eviction process is relatively simple and your local court should even have forms for you to use. Any fees etc. will ultimately be the liability of your sister as well.

    Susan Kinney


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