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NYFamilyAttorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 569
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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My deceased mother left title of ownership of the house and

Customer Question

My name is John ******.My deceased mother left title of ownership of the house and land in my name.My 90 year old father and his young wife in her 50ths reside in the house.My father and I are not close like my mother and I was in the past.My mother before she passed away forgot to provide me keys to the house. I would like to know, how I can request my father and his wife to surrender an extra set of keys to me. My family and relatives suggested that I acquire a lawyer to process this request for me since they do not like or trust my father and his new wife, so that in event of and emergency I will have access to the house as the owner.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  NYFamilyAttorney replied 4 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. My practice is limited to family law and appeals, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

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Expert:  NYFamilyAttorney replied 4 months ago.

I absolutely agree with your relatives about getting a landlord-tenant (L&T) lawyer. Make sure it's a lawyer that does landlord (LL) work because you're the LL here.

If your mother owned the house and your father did not, then she had the right to give you the house. Believe it or not though, to get your father and his wife out, if they didn't voluntarily leave you would actually have to evict them! I know it sounds crazy but this is actually what happens when someone who "holds over" stays without permission, whether it's a relative or even a roommate.

You can ask your father and his wife to surrender their keys but be careful -- they may have made extra copies. You also cannot lock your father and his wife out of the house. As the "LL" you have to legally get them out of the house. If they agree to leave, great! You're done. If not, you have to pursue legal action against them.

Expert:  NYFamilyAttorney replied 4 months ago.

Since your father and his wife are not trustworthy, you would be well-advised to use an L&T attorney. I can provide a list of L&T attorneys in your area if you'd like -- I would just need to know the nearest city or town. We can't recommend any but I can give you a list and advise you how to select someone from that list. Make sure you do not lock them out, don't deprive them of essential services (heat, hot water, in your area A/C) or do anything otherwise illegal. They have rights whether they own it or not.

Does this answer your question? If you need more information, let me know as I’m happy to give it.

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Expert:  NYFamilyAttorney replied 4 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks!

Customer: replied 4 months ago.
you did i am trying to look for a good landlord tenant attorney here in columbia south carolina or orangeburg south carolina.
Expert:  NYFamilyAttorney replied 4 months ago.

Sure, I'll be happy to help. I'm here today so I can do that for you. Can you please rate me in the meantime? I'd really appreciate it or I won't get any credit for answering your question for you. Thanks!

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