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    michelemarie373's Avatar
    michelemarie373 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 1, 2012, 10:00 AM
    Removing squatter
    A family member has been squatting in my mothers house for several months. My mother passed away and left no will so we had to open a probate for the estate. The house is in this probate and has not been closed yet. What further complicates the matter is that due to the sqatter's filthiness and destruction the house has been condemned. The squatting family member is refusing to remove their belongings without a legal eviction notice. How do I evict someone after the dwelling is condemned and no lease was signed?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Jul 1, 2012, 10:05 AM
    The executor of the estate needs to immediately give written notice that the "squatter's" tenancy is terminated and they must vacate within x days. The time depends on the laws of the state where the property is located. Tell us which state and we can tell you the proper time.

    It doesn't matter that no lease was signed. This person must be treated as a tenant.

    If they haven't moved out within that time then the executor must file a lawsuit for eviction.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jul 1, 2012, 10:15 AM
    As Lisa said, but the executor should have done this as soon as they were appointed.

    Once removed, you can sue the family member for the damaged caused to the house and the cost of repairs.

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