eviction of family member

[cookiema]

What is the name of your state? NY

This is the situation. Mother received house in divorce, she remarried. House would have been lost to forclosure since they couldn't make payments. Sister bought house for fair market value. Sister only name on deed and mortgage. Mother and her husband live rent free but still pay some utilities that she did not take out of her name. Situtation unbearable, mother threatening and interfearing in sister raising her daughter (she is a single mom). Sister put house on market to sell. Mother refused to let agent show house, said she has that right (don't think so) said she can put a pad lock on her door and not let anyone in (still don't think so). Said she can make sister's life living hell (this she can do). Mother said any profit sister makes on the house belongs to her (mother) what recourse does sister have? Can she evict her? How much notice and what is the procedure. Mother thinks that she owns everything in the house, stove, frig, bathtub etc. said she is taking them with her or will sell them. Even said any clothes she bought for granddaughter she is taking back (sick). Sister at wits end and I live 200 miles away and need to find a way to help her. Please help asap.What is the name of your state?What is the name of your state?

[FarmerJ]

Tell your sis to treat your parent as if she is a month to month tenant and give her a notice sent via certified mail and second copy using certificate of mailing, then even if mom refuses the certified one the certificate of mailing one gives the sender a basic reciept showing that something indeed was placed into the us mail to the recipient. If your parent becomes stubborn enough to refuse to move out the court should set a date that the house has to be vacated by and if they still refuse to move out then next step is to go back to the clerk of the court and if they will tell her whom she must see about having them forced out of the home by a officer of the court ( in my state such job falls onto the county sherriffs dept once they have a writ of restitution in hand) If she really wants to make sure the notice is worded correctly the best bet is to have a local real estate atty draw up the notice for her.