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dakotah925 · Mar 2, 2011, 02:34 PM

My deceased brother's wife lives in a home owned by my family. She has been there three yrs since ny brother died. We now wish to sell the home but she claims the home as hers ! She has never paid rent or taxes on the home. How do we evict ?

JudyKayTee · Mar 2, 2011, 02:58 PM

You evict her according to the laws of your State. It's usually a three-day notice to quit, almost always a 30-day notice to vacate, followed by a Hearing. It varies slightly from State to State.

What State?

AK lawyer · Mar 2, 2011, 03:43 PM

Originally Posted by dakotah925

My deceased brother's wife lives in a home owned by my family. She has been there three yrs since ny brother died. We now wish to sell the home but she claims the home as hers ! She has never paid rent or taxes on the home. How do we evict ?

Almost sounds like you are talking about the OP in this thread, except that other person's husband just died a few days ago, not three years.

First, whose name is title in, your late brother, the heirs, or what? If the brother owned the house, she may have a widow's right entitling her to stay in the house. What state are you in?

dakotah925 · Mar 2, 2011, 04:07 PM

Pa. The house is now in the name of myself and siblings.We have been through so much with this woman,she actually moved her boyfriend into the home while my brother was very ill.The only reason we let her stay for the three yrs was to give my nephew a home till he was 21.Can I evict her as a tenant even though she never paid rent or had a lease? This house was my grandfather's house before it was transferred to us last yr.

AK lawyer · Mar 2, 2011, 04:36 PM

Originally Posted by dakotah925

Pa. The house is now in the name of myself and siblings.We have been through so much with this woman,she actually moved her boyfriend into the home while my brother was very ill.The only reason we let her stay for the three yrs was to give my nephew a home till he was 21.Can I evict her as a tenant even though she never paid rent or had a lease? This house was my grandfather's house before it was transferred to us last yr.

Ok, your grandfather deeded it to you and your siblings except your brother?

In that case, yes, you can evict her. It's possible that she would be considered a "tenant", in which case you would have to give her written notice (normally 30 days, but in some cases in Pennsylvania it appears to be 15 days). At the expiration of that time, if she is still there, you would file for an eviction order with the court.

Fr_Chuck · Mar 2, 2011, 04:44 PM

The only issue I see is if the dead brother was a heir or if his name is on the deed ( depending on how deed is written)
If dead brother is on deed, she may well own part of the home and could not be evicted.

So the issue of who owns the home needs to be cleared up

When the father died, did you probate yet, if so who is the new deeds name in.

More exact info for better answers

joypulv · Mar 2, 2011, 08:50 PM

Im not so sure that she can't be evicted if her dead husband is on the deed. The right to stay is called homesteading and most states have done away with it, as far as I can tell (not sure about PA). She can be evicted after probate is finished.

joypulv · Mar 2, 2011, 08:51 PM

Answer went through before I finished typing 'in my state anyway.'

AK lawyer · Mar 2, 2011, 08:58 PM

Originally Posted by joypulv

Im not so sure that she can't be evicted if her dead husband is on the deed. The right to stay is called homesteading and most states have done away with it, as far as I can tell (not sure about PA). She can be evicted after probate is finished.

I asked her about whether her late husband was on the deed and she replied with an answer that suggested he was not. If he was, she and her son would inherit a share. In probate, either they would end up with undivided interests in the home (tenants in common) or the home would be sold and they would get shares of the proceeds.

Tenants in common cannot be evicted. The remedy is partition.

AK lawyer · Mar 2, 2011, 09:08 PM

Originally Posted by joypulv

Im not so sure that she can't be evicted if her dead husband is on the deed. The right to stay is called homesteading and most states have done away with it, as far as I can tell (not sure about PA). She can be evicted after probate is finished.

Perhaps you are referring to a surviving spouse's elective share, which is still on the books in Pennsylvania.

joypulv · Mar 3, 2011, 05:04 AM

Thanks