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lunnks123 · May 5, 2010, 09:00 PM

My mother passed and two brother lived there off and on the last 10 years. This house is in a trust and will be split 1/5 once sold. However the place is trashed and they need to leave in order to show it. As power of attorney... Can I evict them?

lunnks123 · May 5, 2010, 09:01 PM

They need to go !

lunnks123 · May 5, 2010, 09:16 PM

Two children living in the house and destroying it the trust says to sell it but with them living there an trashing it no one will ever buy it. What do I do?

lunnks123 · May 5, 2010, 09:17 PM

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Help

Synnen · May 6, 2010, 08:18 AM

First, you only need to post your question once.

Second--we are all volunteers here, from all around the world, so sometimes the people who have the answers to a specific question are busy with something else (or sleeping! Please be patient and wait for someone with the knowledge you need to be online.

excon · May 6, 2010, 08:34 AM

Originally Posted by lunnks123

Can I evict them?

Hello l:

Maybe, but you'll have to tell us more. Are the brothers you want to evict part of the one fifth?? If so, even though you have power of attorney, they're OWNERS and/or beneficiary's and can't be evicted.

excon

cdad · May 6, 2010, 05:56 PM

Originally Posted by excon

Hello l:

Maybe, but you'll have to tell us more. Are the brothers you want to evict part of the one fifth??? If so, even though you have power of attorney, they're OWNERS and/or beneficiary's and can't be evicted.

excon

I believe it depends on how things are written. By being a partial owner they have a right to the money but no right to live rent free or destroy the place. They would have to pay rent if its not written into the will that they live rent free. And if they aren't then there is a possible chance of eviction on those grounds.

lunnks123 · Sep 20, 2010, 07:16 PM

Thanks.. The problem is he was living there rent free before when my parents were alive. Wondering if this would be a problem collecting rent from his portion once the house sells

AK lawyer · Sep 20, 2010, 11:13 PM

Originally Posted by lunnks123

As power of attorney... Can I evict them?

You had a power of attorney from your late mother? It is no longer valid. Powers of attorney don't survive the death of the principal.

Who is the trustee?

Originally Posted by lunnks123

... Wondering if this would be a problem collecting rent from his portion once the house sells

The problem would be setting the rent amount. The trustee should either evict them or send them a letter, certified mail, to the effect that the rent will be so much per month until the property is sold. Also, if they are going to be allowed to remain, the trustee should give them a written month-to-month lease including provisions to protect the property, etc.