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My friends nephew is living at her mothers house. He has…

My friends nephew is living...
My friends nephew is living at her mothers house. He has been living there for approx 6-7 months. He moved in when his father moved in to take care of his invalid mother. Since then the nephews father has passed away. The daughter of the mother has told him to move out. He does not pay rent or any of the bills including buying food. He just lives off the grandmother. He says he doesn't have to move..How can they get rid of him ??
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Answered in 5 minutes by:
3/12/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,380
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. Does anyone have control and POA over the mother, who is the owner of the home?

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Customer reply replied 4 months ago
The mother is the owner of the home. The home has been paid off for years. The daughters have POA. Including medical, banking, etc.

Thank you. If he refuses to leave, he needs to be evicted and if the daughters have POA over the mother and her property, they would need to be the one to retain an attorney and file for it and have him removed. Just because the father allows his son to stay while he was there, does not mean this has to continue and if he needs to move and refuses, they can evict him.

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Customer reply replied 4 months ago
The grandson is 23 (going on 10) and his mother tells him that he has squatters rights.

His mother can tell him all she wants but it does not mean she is correct. For him to claim squatters rights / adverse possession, he needs to be living there WITHOUT permission and paying taxes and improving the property. If he was allowed to do this and pay nothing, he would not have those rights or a defense to stay and can be evicted.

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Customer reply replied 4 months ago
Can my friend write an eviction notice, give it to him, give the police a copy, and force him to move out ? Like i said, this grandson doesn't help with the grandmother at all. He won't even take the garbage out. The grandmother needs 24/7 care.

Your friend can make a demand that he vacate and see if he moves but if he does not, she needs to evict him, through the court. It is a civil issue, so the police may not get involved unless this is court ordered. She can ask for their cooperation and explain the situation and her need for care but they may not be able to force him out, at this point. However, if she needs care, they can hire someone and bring them in to help and live with her and he would be there until he is legally evicted.

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Customer reply replied 4 months ago
The daughter has been there since her brother passed away Dec. 17,17. She actually lives 6 hrs. away. She has left her home, and has been staying and taking care of her mother since that time. Her plan is to bring her mother to her house and close up her mothers house. They do not want to leave the nephew there.

Then they need to evict. Yes, they can call the police now and see if they will assist but if not, the legal process is to evict and they should speak with local counsel today, to start the process to get him out. I know it is not ideal but it would be illegal to use self help and if they do, he can sue them

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Customer reply replied 4 months ago
Thank you so much. I will give her all this information. I have been a friend of this family for 46 yrs., and this whole situation, her brothers death and now the nephew, has caused so much emotional strain and my friend and her mother, they are just at wits end..
Thank you

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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