Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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.
Do you know if the mother has filed a probate case to settle son's estate and been named executor?
How fast can the mom move to force our daughter out if she decides to go that route.
Ok, if she is the actual owner of the house, or even just the executor, then legally she could evict daughter by giving her a written 7 day notice to vacate and then by filing a formal eviction action in court if she didn't vacate. The eviction will take about 3 weeks, depending on the court's schedule..
So basically a month.
As for any personal property that is hers, she obviously gets to keep that and can claim ownership of it. If the mother disputes that claim, this is one of those situations where possession is actually 9/10ths the law.. If mother can't prove that it is her son's, and you are in possession of it, then a judge is going to have a hard time awarding it to mom.
As for the money, she can submit a creditor claim against his estate, if it is still open, for that money and provide proof that the money is owed to her.