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Removing a tenant as an Executor of Estate
My mother passed away and made me executrix of her house. When I went to evict her long-term boyfriend who resided with her, I was told by the local police department that I needed a Court Order. When I attempted this he filed that a palimony suit against the estate. The house had a Medicaid lien on it, yet the judge refused to order him out and the case dragged on and on. What exactly is the law in these matters in NJ.
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Hello q: The law is quite simple. In the absence of a lease, the owner of a property may evict a tenant if the tenant refuses to leave after given proper notice... If you have a judge who won't follow the law, you have the right to appeal his decision and take it to another judge who, hopefully, WILL follow the law. However, there's more to this story... Tell us WHY the judge refused to evict him... That IS a crucial piece of information... excon |
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I am betting that the judge will not do anything regarding eviction until the palimony suit is heard. He is a legal resident and would normally have to be evicted via standard eviction processes followed in your locale. However, his thinking may be along the lines of proving a common law marriage and entitlement to property. |
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