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Unlawful detainer form? indiana, no - no agreement, and

Customer Question
Unlawful detainer form? indiana ...

Unlawful detainer form? indiana

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

No - no agreement, and person wanting to file against is sister but no will in probate and condo is on selling block but she wont move out nor pay hoa or mortgage to stay

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

Indiana

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

Clerk mentioned needing to file verified motion for emergency possession but cannot locate form?

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/19/2017
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,101
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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Your comments are a bit choppy so I will try to state what I understand...

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Someone has passed away and owned a condo?

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And no one has filed a probate case to settle the estate?

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Who is selling the condo if there is no probate rep? or is it being foreclosed on?

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I need some more of the back story to figure out what is going on here and what options you have...

.

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thanks

Barrister

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Customer reply replied 11 months ago
I am the realtor for an executor of his parents estate... and condo... condo is for short-sale... executor's sister has been on property since parents passed away and will not moving, now committing waste - damages to carpets, taking furniture and now refusing to move... we have an offer on the unit but since she won't move we have to process her out - and now clerk is saying that executor needs to file verified motion for emergency possession to take possession... there is no agreement (other than sister telling atty for hoa she will be paying but never did and now bill is $2700+).. and she does pay utilities - but don't know for sure who's name they are in... mail still comes to house and she opens and won't relay or give info related.. thinks brother owes notice to her but there is no agreement and will only states property to be sold and divided ... but it has now been over a year since mother died... and daughter/sister still will not leave... we have offer now on home and was supposed to close end of month... again clerk stated he had to file for VMFEP - but cannot locate form - only form shown was notice of claim... ?
Customer reply replied 11 months ago
no probate - verified
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Ok, first, there is no way to sell the house if there has been no probate filed... Only the executor of the estate has the legal authority to sell the house and until one is appointed by a probate court judge, legally no one has the authority to do anything..

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So until someone files a probate case to be appointed as executor, there is no one who can file the motion for possession.

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When someone is formally appointed by the judge as the rep of the estate, then they can file the motion for emergency possession if the sister is damaging the property under Indiana Code 32-31-6.

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IC 32-31-6-4
Petition requirements
Sec. 4. A petition for an order under this chapter must:
(1) include an allegation specifying:
(A) the violation, act, or omission caused or threatened by a landlord or tenant; and
(B) The nature of the specific immediate and serious:
(i) injury;
(ii) loss; or
(iii) damage;
that the landlord or tenant has suffered or will suffer if the violation, act, or omission is not enjoined; and
(2) be sworn to by the petitioner.

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But there is no standard form for this, as each is drafted individually based on the facts of the case.

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However, this is one that could be copied with the relevant information for your client once they are formally appointed by the probate court:

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IN Immediate Possession Form

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thanks

Barrister

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Customer reply replied 11 months ago
right, but there is one similar for marion county - however the clerk said the judge wanted to see a "verified motion for emergency possession" form - as the form you posted was not a guarantee - and they gave first avail court hearing into October - she said it wasn't a guarantee the judge would allow ... so without this particular form aforementioned, he won't get a date sooner.. hmmm....
Customer reply replied 11 months ago
even the small claims manual doesn't have or show....
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

The verified motion just means that it is sworn to by the person asking for possession..

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But again, the son doesn't have any authority at all legally until he is formally appointed by a probate court judge as executor. He can no more file the motion than you could... Right now, he is just a child of the deceased, until he gets appointed by the judge.

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And there is never a "guarantee" that the judge is going to grant the motion.. The petitioner has to prove to the judge that the person in the dwelling is causing severe damage to the property and it will suffer irreparable harm if they are allowed to stay. So it isn't just filing a form then you get to throw the person living there out..

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This is a sample of a verified motion for emergency possessory order and as you can see, it is individually drafted based on the specific facts of the situation..

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Verified Motion for Emergency Possessory Order

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So the son may need to hire an attorney on behalf of the estate once he is appointed so as to get the motion drafted to get her out..

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thanks

Barrister

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Customer reply replied 11 months ago
unfortunately the above is pro tenant - with an agreement - not pro owner/executor.. no agreement... no landlord tenant relationship... unfortunately the link does not provide for... marion county had only two options.... as forms... thus I think why a form doesn't exist as you linked... something to be crafted by legal team...thanks anyway.
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Right... that is just to show you an example of what a typical Motion looks like... so you can see it is not just a form you fill out and file..

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Customer reply replied 11 months ago
Certainly explains why Marion County shows per IC 32-31-6-4 - What Petition requirements under Sec 4 are... and yet they say you can go pro se - ha!Thanks!
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Yes, legally a person can always represent themselves...theoretically..

.

You can pull your own teeth too if you really want... But a dentist normally does a better job and it is much less painful...

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Customer reply replied 11 months ago
touche'enjoy your evening!
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

That is my standard analogy if someone wants to jump into a complex legal case and doesn't really understand the mechanics of it and how it is easy to turn a winning case into a losing one if you don't know the rules..

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Some things are relatively straightforward...like a normal eviction action. But this is a little more complex and requires a lot more legal drafting experience to pursue..

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Bout my bedtime....

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thanks much

Barrister

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Customer reply replied 11 months ago
agreed.
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Did you have any further questions before I log off for the evening?

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Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Hello again,

.

I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Customer reply replied 11 months ago
Thank you, ***** ***** think I am good for now.Pamela Stephenson
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 10 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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