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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37830
Experience:  16 years real estate, Realtor. Landlord 26 years
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My situation my father passed and i am the trustee successor.

Customer Question

Hello my situation my father passed and i am the trustee successor. He made no provision for my sister due to her issues. She ask could she clean out house and get it pack up . None of the above have not been completed after 2 months . Now she refuse to leave what action can I take to get her out and sale the home. She was not living there prior to our father's passing.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Unfortunately, if she has begun living there and has her personal belongings there, she has gained the "squatter's rights" of a month to month tenant.
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So you would have to give her a 30 day written paper notice to vacate stating the date on which she must do so. If she doesn't voluntarily move out by that date, you will have to file a formal eviction action, called an unlawful detainer, to get an judgment and writ of possession so you can have the sheriff physically remove her.
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If you were to call the police and claim she is trespassing, she will say she is living there and the police will tell you that without an eviction order from a judge, they can't do anything and you will have to take it up in civil court.
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thanks
Barrister