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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12224
Experience:  Licensed Texas General Practice Attorney
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My grandfather is currently in the hospital, Im living at

Resolved Question:

My grandfather is currently in the hospital, I'm living at is home watching over his house.
His alcoholic friends are always over an disrupting the place because my grandfathers friend, who lives here with me also, invites these people to party here, do I have the authority to kick these people of my grandfather's property? I live in Maryland if that helps.
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. Do you have a power of attorney for your grandfather? (specifically one that would allow you to handle financial affairs or issues)?

Customer:

no i don't

ScottyMacEsq :

Does the friend that is living there as well have a lease or paying rent, or is your grandfather allowing him to stay rent free?

Customer:

she lives here for free

ScottyMacEsq :

Has your grandfather actually given you any responsibility over the property, or have you assumed the responsibility on your own accord, without his direction?

Customer:

well, ive lived here for 2 years, and he's been in the hospital for 3 months now, he didn't tell me i have any authority, and he never said the woman does either.

ScottyMacEsq :

Thank you. Again, I am sorry to hear about your situation. I understand that you just want to do what is best for your grandfather and his property, and that this other individual is potentially ruining the property, as well as contributing to your overall dissatisfaction with the living arrangements. That being said, however, you're both in the same legal status. That is, both of you are what's known as "gratuitous house-guests". Neither of you has primacy over the other, and both are legally entitled to occupy an undivided 1/2 of the legal interest in the property.

ScottyMacEsq :

In short (and in plain English), that means that she can invite noisy, boisterous friends ove.

ScottyMacEsq :

*over

ScottyMacEsq :

Only if there's a "breach of the peace" can you call the police out.

ScottyMacEsq :

Now that would be if they start to damage the property, personal property (such as dishes, etc...), intentionally.

ScottyMacEsq :

So I can see a situation where the police could come out and remove some or all of the drunk guests.

ScottyMacEsq :

But until there is such a breach of the peace, this other individual can certainly have these guests over, just as you can have any guests you want ove. r

ScottyMacEsq :

*over

ScottyMacEsq :

You're in the same legal position as she is.

ScottyMacEsq :

Now if your grandfather were to designate you as his power of attorney (POA) then you could act on his behalf and remove the individuals from the property.

ScottyMacEsq :

That is, you would have a greater legal standing than the other houseguest.

ScottyMacEsq :

But until you have that increased legal standing, I'm afraid to say that there would not be anything that you could do absent a breach of the peace.

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

okay, not quite wht i expected, i thought family relation may have played a role, i will certainly talk to him about it, that was very helpful. the women here also allows some of these people to sleep ober

Customer:

over* i definitly do not like that, does she also have the legal right to do tht?

ScottyMacEsq :

Understood. If you're the heir to the property, once he passes and you obtain title, that would mean that you could kick them out. But you would first have to own the property to do so.

ScottyMacEsq :

As to having people sleep over, yes.

ScottyMacEsq :

This is not illegal under MD laws.

ScottyMacEsq :

Again, just as you can have anyone sleep over, she can.

ScottyMacEsq :

She can pretty much do anything that you can do (and vice versa).

ScottyMacEsq :

(in the role of a gratuitous houseguest)

ScottyMacEsq :

The only limitation is the wishes of the owner.

ScottyMacEsq :

(and that would have to be in writing, in a POA or through actions carried out by the owner)

Customer:

even if either one of us is against it. that's unfortunate, i am the heir once he passes, so how would i go aboit geting

Customer:

her out of this house.

ScottyMacEsq :

Once he passes, you're going to have to go through the probate property to get the property put into your name, file that with the rela property records, and then you can give her a notice to vacate (the start of the eviction process).

ScottyMacEsq :

If she vacates, you would not need to file anything with any court. But if she doesn't, you're going to have to go through the eviction process to get her out of the house.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

thank you very much sir, you were so helpful.

ScottyMacEsq :

You're welcome, and again, good luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12224
Experience: Licensed Texas General Practice Attorney
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ScottyMacEsq
ScottyMacEsq
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Licensed Texas General Practice Attorney