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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33791
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have live at my current address since May 2009. I was

Customer Question

Good Day my name is***** have live at my current address since May 2009. I was offered to live here by a friend (NO LEASE) just a hand shake agreement for me to pay the rent each month in cash because he did not want to declare the income. My friend passed away in 2015. I remain in the house the estate has not been settled yet. The house was left to his 3 adult children which are aware that their father said I could stay in house as long as I wanted. A few weeks ago one of the children who also lives in the house in formed me that I must leave by 8-21-16. I told I would like to speak to him about this face to face and he said no. All conversations have went through his sister seeing he will not talk with me and is not in house. I asked for a move out date of 1-1-17 he has said no. What can I do?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is the house still in the estate or has it been transferred to the children?

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If still in the estate, who is the executor?

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thanks

Barrister

Customer: replied 4 months ago.
Still in estate. The daughter is executor. I have spoken with her and seeing she does not live in she lives out of state she will not get involved. They have not paid moorage since last year. The son has said he will not pay the monthly moorage. As I said I asked to stay till 1-1-17
Expert:  Barrister replied 4 months ago.

Ok, then only the executor would have the power to terminate your tenancy because the estate owns the house, not the heirs.

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The executor would have to give you a written 30 day notice to vacate and then pursue a formal eviction action through the courts, which takes about another 3-4 weeks after the 30 day notice expires, before they could have a sheriff physically force you to vacate.

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So the son has no power to do anything and you can simply ignore his demands.

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thanks

Barrister

Customer: replied 4 months ago.
I have said nothing to anyone concerning this topic prior to this email. What if any actions could I take if I wanted to go to IRS seeing no taxes have been paid on the over $40,000.00 in rent over the years?
Expert:  Barrister replied 4 months ago.

You could report the deceased friend to the IRS for tax evasion, but it would then be up to the IRS as to whether they wanted to try and go after his estate for any back taxes for the past 3 years (that is the limit back).

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But there is not really a benefit to you in doing so other than knowing the estate might possibly have to pay some back taxes..

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thanks

Barrister

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