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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19028
Experience:  B.A.; M.B.A.; J.D.
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I had a sibling evicted from the home that our step dad quit

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I had a sibling evicted from the home that our step dad quit claim to me in 2008. This sibling has been living in the house rent free with the verbal agreement he pays the property tax, home owners insurance and his own utility bills. He stopped paying the first two mentioned and refused communications with me. The Judge granted Eviction in 30 days. He appealed and was denied but was given 60 days to evict the house. We have a Guardianship Hearing for our stepfather to whom I have the POA of. Siblings are fighting against me in court that I coerce Dad into giving me the house when he had Mild Cognitive Dementia in 2008. He was diagnosed with Dementia in 2011. Will the 60 days eviction notice stand when we have the Guardianship Hearing going? The Judge approves of me and wants to see an Accounting of Dad's financial expenses. I delivered the papers and still awaiting for my amended petition because I only petition for self. The Judge wants me to petition for Self and Estate.
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I had a sibling evicted from the home that our step dad quit claim to me in 2008. This sibling has been living in the house rent free with the verbal agreement he pays the property tax, home owners insurance and his own utility bills. He stopped paying the first two mentioned and refused communications with me. The Judge granted Eviction in 30 days. He appealed and was denied but was given 60 days to evict the house. We have a Guardianship Hearing for our stepfather to whom I have the POA of. Siblings are fighting against me in court that I coerce Dad into giving me the house when he had Mild Cognitive Dementia in 2008. He was diagnosed with Dementia in 2011. Will the 60 days eviction notice stand when we have the Guardianship Hearing going?

The Judge approves of me and wants to see an Accounting of Dad's financial expenses. I delivered the papers and still awaiting for my amended petition because I only petition for self. The Judge wants me to petition for Self and Estate.

Response: Yes, the 60 days eviction will stand. The guardianship has nothing to do with your eviction case. You are the legal owner of the property and have every right to evict your sibling for not complying with your verbal agreement. If your siblings want to challenge your ownership of the property, they must file a separate case for it.

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