evict

[chelle82]

What is the name of your state? CA
My mother just passed away. At the time of her death her granddaughter (my neice) had been living in the home with her for about the last year.
I am the excutor of the will and want to sell the house. How do I get her to move? She is saying she can't move as she has no where to go. How do I get her to move so I can sell the house?
Thank you,
Chelle82

[CourtClerk]

I think you answered your own question in the title to your post. You are going to HAVE to evict her and if I were you, I would invest a couple of hundred dollars and get a landlord/tenant attorney to do it for you. If you mess up (especially in CA), you may have to start all over again and that will drag this on forever since the courts are all backed up.

[chelle82]

So I would evict as if she were the tenant and I the landlord even though there is no lease or rental agreement? She came to visit and never left.
Thank you,
chelle82

[CourtClerk]

Originally Posted by chelle82

So I would evict as if she were the tenant and I the landlord even though there is no lease or rental agreement? She came to visit and never left.
Thank you,
chelle82

Absolutely. Even if there is no lease or rental agreement, you need to evict her, because if she trys to push the issue (and it sounds like she will) they will call her a tenant just because she came to visit and never left. She in fact created a tenancy, even if there was no rent involved.

[chelle82]

Thank you.
chelle82

[LdiJ]

Since you are her uncle, and therefore obviously concerned about her welfare, how about letting her live there until its sold, and then using some of the proceeds from the sale to assist her in getting set up in an apartment?

[Ohiogal]

Originally Posted by LdiJ

Since you are her uncle, and therefore obviously concerned about her welfare, how about letting her live there until its sold, and then using some of the proceeds from the sale to assist her in getting set up in an apartment?

Because if she is living there until it is sold that could cause problems for the new owner who would be purchasing a property with a tenant. And hence becoming a landlord. Which would make that property more difficult to sell. And why reward her for squatting. And just because he is her uncle -- you can't assume he is OBVIOUSLY concerned about her welfare.