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View Full Version : Squatters rights pa?


albarth
Nov 23, 2011, 12:23 AM
Hi, my mother pass away 2 years ago and my brother was living at my mom house, house is paid off and taxes are up todate , house is in my mother name, never been switch into my name nore my brothers, and my brother went to jail, and my brother friend had a key to house and they moved in and change the locks and I ask them to move in 30 days and thy said no, thy won't give me a key.

ScottGem
Nov 23, 2011, 04:28 AM
There is no such thing as squatters rights. I would first contact the police and explain the circumstances and ask if they will help remove him as a trespasser.

The problem you may have is the mistake you made in not transferring the property. You will have to prove to the police that you are the administrator of your mother's estate and/or heir to the property.

If the police won't help you remove him, then you will first have to establish your right to control of the property. This could mean probating your mother's estate or transferring the property.

I'm not sure whether you want to go for an eviction here, because that would seem to legitimize his tenancy. You should be taking the position that he had no right to move in and especially not change the locks.

What I fear is that he will gut the home while you pursue legal action.