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ALMOSTGROWN · Dec 2, 2008, 10:32 AM

My husband's grandmother died without leaving a WILL. She had 2 living children. Both live in the house. One of them is on drugs,steals from the house, makes violent threats and doesn't pay any bills. Is there a way to put him out of the house?

excon · Dec 3, 2008, 06:39 AM

Hello A:

I don't know. WHO owns the house?? Those are the people who need to evict or otherwise deal with these living children.

But, it looks to me like THEY'RE going to wind up with the house - not hubby. But, what do I know?

excon

Fr_Chuck · Dec 3, 2008, 06:53 AM

Yes, whose name is on the deed ?

After she died with no will, and the family went to probate court to determine the owner, who got the house?

ALMOSTGROWN · Dec 3, 2008, 10:08 AM

The deed is still in the grandmother's name. Nothing has been changed. My husband and I don't want the house, his mom and uncle lives there. In the state of GA a tenant is defined as a having a rental agreement with a landlord. This is not the case.

excon · Dec 3, 2008, 10:27 AM

Hello again, almost:

Couple things... You're incorrect about the relatives NOT having a lease. In the absence of a WRITTEN lease, the tenancy IS presumed to be month to month. The Grandmothers estate IS the landlord. The executor of the estate is the person who is acting landlord.

The estate needs to be probated by a court of law to determine who owns what. The court will appoint an executor.

In any case, you don't have ANY thing to do with the house or who lives there or what their arrangement is. You apparently have some personal beef with them, but it doesn't appear that you can use landlord/tenant laws for these purposes.

excon