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I am my elderly's mom's POA and I need a probate attorney…

I am my elderly's...

I am my elderly's mom's POA and I need a probate attorney because my brother is living in my mother's house and damaging the home. I would like to sell the home at my mother's request but I need to legally evict him.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Dayton, Ohio Montgomery County

Lawyer's Assistant: Has anything been filed or reported?

No I just recently saw the home and it is being destroyed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My brother used to live with my mother rent free for over 25 years so he believes it is his home to live in for free. My mom may have to go in a nursing home and she currently lives with me.

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Answered in 5 minutes by:
6/8/2017
LawTalk
LawTalk, Attorney
Category: Estate Law
Satisfied Customers: 37,876
Experience: I have more than 25 years of experience in the practice of law.
Verified

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You don't need a probate attorney but you do need a landlord-tenant attorney to handle the eviction for your mother. While you have the POA, that does not give you the legal right to represent you mother in the eviction process as her attorney. Fortunately, the POA does give you the ability to hire a landlord-tenant attorney for your mother to process the eviction.

The fact that your brother may have resided there for 25 years is not the issue and he can be removed from the home by order of the court. The attorney will be able to force him out in a matter of about 4 weeks on average. So, seek out a local landlord-tenant lawyer at your convenience and they can get the ejectment process started.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

LawTalk
LawTalk, Attorney
Category: Estate Law
Satisfied Customers: 37,876
Experience: I have more than 25 years of experience in the practice of law.
Verified
LawTalk and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 1 year ago
Thank you!

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply asking for me by name, Doug, in the first sentence of your new question.

Thanks again.

Doug

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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