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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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my mother passed away in may 2013 before passing away she was in the process of selling he

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my mother passed away in may 2013 before passing away she was in the process of selling her home. She gave me POA and her will to finish the process. side note- my husband is in the military and in the process of all of this we moved to Japan; that is my current location. Escrow closes this Tuesday. the problem that i am having is evicting my 2 older brothers. they are alcoholics and drug users that have decided to stay at my mothers property bringing in other drug users to party and what not. They have destroyed the property and the buyers don't know what to do and neither do I.

Hello, Danae, My name is XXXXX XXXXX I will be glad to assist you with your question today,


First, please accept my heartfelt condolences on the loss of your mother, I am sure that this is a very difficult time for you and you certainly do not need the added headaches of your siblings and their drug problems and drug friends,



1 When did your two older brothers live before they decided to stay at your late mother's home ?



2. How long have your two brothers been staying at your late mother's home ?




Customer: replied 3 years ago.

All their life. They never did anything with themselves.

I meant to ask "Where" did your two older brothers live before they came to your late mother's home ? and



When did they come to your late mother's home ?

Customer: replied 3 years ago.

They lived with my mother. Not in th home but in the garage.

Hello, Danae, Thank you for your additional information, I am preparing your Answer, so if possible, please stay online in case I need any additional information, Okay ? :)

Thank you again, Danae, for all your additional information,


Since your late mother's home was also the residence of you brothers, then you must treat them as tenants and go through eviction proceedings. But, the good aspect of this is that the Superior Court has expedited hearings and once the Judge awards you possession, you will have the Sheriff who will remove them for you, if necessary. I have described the steps below, if that becomes necessary.


If they do not want to go to rehab, but you believe it is necessary in order to save their lives, you can call around to the various rehabs and ask to speak to the Committee, or staff members who do "Interventions". They very often convince the alcoholics and drug users to go to rehab. Interventions are usually done on an emergency basis and you can have an Intervention take place where they live within 36 to 48 hours.


If you choose to evict them, here are the steps that will accomplish this,


The first step in this procedure is to send them written a 3-day "Notice of Demand for Possession" because they are creating a nuisance and waste. If they do not vacate, then you can immediately file a Summons and Complaint with the Superior Court along with a Prejudgment Claim of Right of Possession. This must be served on the Defendants personally, or left at their place of residence with an adult. If they do not file a response within five (5) days, you can enter a default judgment. Once you enter default judgment, the Sheriff can step in and remove them. I realize that this seems a bit harsh, but you have stated that they told you already that they do not intend to leave the property, therefore, you will need the Office of the Sheriff to remove them.




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