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My significant other of 9 years died on the 16 of Feb in a…

Customer Question
My significant other of...

My significant other of 9 years died on the 16 of Feb in a work related accident. His daughter and ex wife have been coming taking things out of our home while I'm at work and served me with a 3 day eviction notice on Wed. I need to know if I have to leave

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

Iowa

Lawyer's Assistant: Has any paperwork been filed?

There was no will and yes they've obtained a lawyer who the eviction notice is written by.

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

I have been harassed by the local police Dept in such way of showing up without cause to " check" the property at request of daughter. I have been told I don't have any right to anything but my clothes, people I don't know and the daughter have come into our home and screwed the doors to our antique room shut and ordered me to stay out, they've changed the lock on our out buildings and garage/ workshop, they've set up trail cameras all over the property and most of this has happened because I'm in mourning and couldn't do anything literally from the stress and intimidation.

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 8 minutes by:
3/9/2018
Real Estate Lawyer: Olivia Kent,
 replied 1 month ago
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 2,899
Experience: Executive Director at Neurogenx Nerve Center of Princeton
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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Give me just a moment to review what you've written.

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Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

Who owns the home you are living in?

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Customer reply replied 1 month ago
My significant other
Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

And there is no will as you wrote... so by the laws of intestacy the home would go to his daughter.

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Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

So it looks like she knows that and she's trying to evict you from what is now her home, unfortunately.

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Customer reply replied 1 month ago
I have no rights and have to just leave with them telling me I can't have anything but my clothes
Customer reply replied 1 month ago
They have the right to take things that were ours together and lock me out of buildings I have things in and the eviction notice does not have to come from a court
Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

They can't just make you leave - they have to formally evict you. And they cannot take things that are yours.

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Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

If they take things that are yours as well as your significant other's you CAN sue his estate for the financial value of those items.

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Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

In order to evict they'd have to provide you with a Notice to Vacate and if you don't leave they'd then need to begin formal eviction proceedings. It's not an immediate process.

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Customer reply replied 1 month ago
a letter from there lawyer delivered by the local PD is not a formal eviction and I don't have to leave tomorrow with just my clothes.
Customer reply replied 1 month ago
They initially gave me a notice to vacate and I had to be out on April 1, then I got upset with the daughter because she has brought her mother Tony's ex of 15 yrs her husband and friends to our home and gone through our belongings while I'm at work so they gave me a 3 day notice right to quit on Wednesday of this week
Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

No, a letter from their lawyer is most definitely not an eviction.

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Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

They literally have to file a formal eviction suit and you get your day in court to respond to it.

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Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

And only IF a judge says you have to leave would you actually have to.

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Customer reply replied 1 month ago
Do they have a right to just keep coming into our home whenever they want and take what they want?
Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

Technically it is her (the daughter's) home so she can come in without trespassing. His ex wife actually cannot come in.

But either way they can't make you leave without a judge giving them that right.

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Customer reply replied 1 month ago
Obviously the police are on their side, it's a small town which I am not originally from and I don't feel that I have any rights or at least the local PD says they are not doing anything wrong and I need to be gone tomorrow or be arrested for trespassing and if I take anything I cannot prove without a doubt is mine I'll be arrested for theft?
Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

I can only tell you what the law is, and it's ILLEGAL to engage in self-help. They can't just boot you out of the house without a judge allowing it and if you say that to the police I would be surprised if they tried to force you to leave.

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Customer reply replied 1 month ago
As for the daughter she does not nor has she ever lived with us. I just don't see how since there's no will it's going into probate to name a party responsible right? How she has a right to come into our home and take personal paperwork I've been documenting events to give to a lawyer. How can that be legal?
Customer reply replied 1 month ago
She literally had to go into our bedroom and get under our bed to get the handwritten paperwork I've been working on the past few night? Do I have no rights to personal space or privacy?
Real Estate Lawyer: Olivia Kent,
 replied 1 month ago
basically the law says that when somebody dies without a will there is an order in which family members are entitled to assets. She would be at the very top of that list. And frankly I am surprised that she doesn’t know the law well enough to know that if she wants you out she needs to file an eviction rather than just coming in and out.
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Customer reply replied 1 month ago
That doesn't answer my question. I live there and have for 9 years even if her dad died I'm saying I have no right to stop her from going through my personal things while I am not there? I have no right to stop her mother and stepdad from cursing at me telling me I have to get out?
Customer reply replied 1 month ago
As far as filing an eviction she assumes that a letter from her and a lawyer is enough to intimidate me into leaving. I apologize I am stressed beyond any realm I've ever experienced and I like I said obtained a local lawyer who told me I have no rights or a leg to stand on that I need to just gather my personal belongings as in my makeup and clothes and leave quietly because I can't prove I own anything else and will be charged w theft if I take anymore than he's already stated.
Real Estate Lawyer: Olivia Kent,
 replied 1 month ago
No need to apologize! I get it. I would be stressed in the same situation. And I agree with you that she is trying to use the lawyer to intimidate you into leaving.
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Real Estate Lawyer: Olivia Kent,
 replied 1 month ago
What I can tell you is the law says that she cannot use self help to get you to leave. But, if the house is hers then she has a legal right to tell you to leave. I wish I could tell you otherwise. I do. But I can’t make up the law. That would be doing a tremendous disservice to you.
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Real Estate Lawyer: Olivia Kent,
 replied 1 month ago
You can however file a claim against the estate for any money that you have put into the property, rent/mortgage payments, improvements to the property, etc.
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Real Estate Lawyer: Olivia Kent,
 replied 1 month ago
If you don’t take something that has financial value that you believe is half yours you can file a claim against the estate for its value.
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Customer reply replied 1 month ago
I do have to leave by tomorrow? Or she has to file for an eviction and I can stay until a judge rules?
Customer reply replied 1 month ago
I plan on obtaining a lawyer on Monday from another town I have taken Monday off of work to do so I just want to know if I can stay through the weekend
Customer reply replied 1 month ago
Hello
Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

Until the judge rules that someone can be evicted they cannot legally be evicted. If you choose to stay they can't make you leave. Only a judge can order you to leave.

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Real Estate Lawyer: Olivia Kent,
 replied 1 month ago

There is no legal way for them to evict you by this weekend.

Or next weekend.

Or even the weekend after that!

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Olivia Kent
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Category: Real Estate Law
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Experience: Executive Director at Neurogenx Nerve Center of Princeton

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