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Ask Barrister Your Own Question
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.
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.
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.
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.