Father died and I can't get his girlfriend out of his home I inherited!

[luckimom3]

Alabama


My grandparents both passed away and left my father and my Uncle their property to split 50/50. The property is approximately 70 acres of land with 2 mobile homes on it. My father lived in one of these mobile homes, he passed away last year unexpectedly. We are fixing to have the reading of the WILL and my uncle who is the Executor is giving me my fathers half. My problem is that my father had a girlfriend who lived with him but they were not married. She is refusing to leave. I have been nice with her and allowed her to stay by herself in this home ever since my father died. But now since it is fixing to be mine I am wanting to get rid of the trailer and sell most of the property where the trailer sits. She is wanting the trailer and the half acre that the trailer is sitting on that has been cleared for the trailer, I guess you would call it the lot. She has never paid any rent or anything like that. My father told her that it was his land, I guess to impress her or something but it was never my fathers land. It was always my grandfathers land and in his name. What can I do to get her off my property and out of the trailer? She is unemployed and I do not think she has electricity or water if this makes any difference. She refuses to leave and says she deserves the trailer and the land because she was my fathers girlfriend and he said she could have it, but she still thinks the land and trailer are in my fathers name. I have not told her that everything is in my grandfathers name. She is claiming common law marriage, but they were only together a few years. Isn't she just a squatter if she's not paying any rent and living in my grandfathers trailer and my grandfathers land soon to be in my name?

Thank You for any advice

 

[I'mTheFather]

You'll have to evict her. Google Alabama's eviction process.

She will have to prove to a judge that they were common law married if she hopes to inherit anything.

 

[anteater]

I have not told her that everything is in my grandfathers name.

So, grandfather's estate was never probated? But your father was residing on the property? Sounds like he was a squatter also, eh?

Isn't she just a squatter if she's not paying any rent and living in my grandfathers trailer and my grandfathers land soon to be in my name?

Sounds like she is a tenant and the executor will have to go through the eviction process. Of course, what with having to probate grandfather's estate and then your father's, and, if she challenges... It could be a spell before you actually get her out.

 

[Ohiogal]

You'll have to evict her. Google Alabama's eviction process.

She will have to prove to a judge that they were common law married if she hopes to inherit anything.

She doesn't have standing to evict the girlfriend. She doesn't own the property and until the will is probated (not read, OP) nothing can happen.

 

[luckimom3]

She also thinks she deserves the acre of land along with everything on it. But what she doesn't realize is that the land and home wasn't even in my dad's name. It was all my grandfathers.

 

[anteater]

She also thinks she deserves the acre of land along with everything on it. But what she doesn't realize is that the land and home wasn't even in my dad's name. It was all my grandfathers.

And you think that this is important how?

You have much to learn. Therefore, it's best not to make a fool of yourself now.

 

[LdiJ]

She also thinks she deserves the acre of land along with everything on it. But what she doesn't realize is that the land and home wasn't even in my dad's name. It was all my grandfathers.

While that may be the case, if your father should have inherited it from your grandfather, then even thought it wasn't your father's property on paper, it was still your father's property. She really doesn't have much of a leg to stand on. The executor needs to go through the eviction process.

 

[Ohiogal]

While that may be the case, if your father should have inherited it from your grandfather, then even thought it wasn't your father's property on paper, it was still your father's property. She really doesn't have much of a leg to stand on. The executor needs to go through the eviction process.

WRONG. It is NOT her father's property unless it was transferred. Real estate follows the deed. Grandpa's property needs probated and then father's property. Until the property is in the father's name, the executor for father has NO rights to evict girlfriend. The grandfather's executor would have a right to do so.

 

[LdiJ]

WRONG. It is NOT her father's property unless it was transferred. Real estate follows the deed. Grandpa's property needs probated and then father's property. Until the property is in the father's name, the executor for father has NO rights to evict girlfriend. The grandfather's executor would have a right to do so.

That is not what I meant. Also the "she" I was talking about was deceased person's girlfriend, not the OP.

What we have is a situation where grandpa owned the property and then passed away, leaving the property to their sons. Dad and dad's brother continued to live in, use, pay taxes for etc., the property without actually getting the deed put in their names. While they did not own the property on paper, they constructively owned the property because there is no one else who could have claimed it, and their not probating and putting the deed in their names was a formality.

One doesn't get to hide assets by not taking them out (via probate) of the name of the deceased person from whom they are inheriting.

However, I feel that this is irrelevant in this case, because I don't think that dad's girlfriend has any real leg to stand on regarding making a claim of common law marriage, which would then potentially give her some intestate rights. Eventually the executor of the estate will have to evict her if she refuses to go, but of course that cannot happen until the executor is officially the executor...which does seem to be moving along, if not yet there.

 

[Ohiogal]

That is not what I meant. Also the "she" I was talking about was deceased person's girlfriend, not the OP.

What we have is a situation where grandpa owned the property and then passed away, leaving the property to their sons. Dad and dad's brother continued to live in, use, pay taxes for etc., the property without actually getting the deed put in their names. While they did not own the property on paper, they constructively owned the property because there is no one else who could have claimed it, and their not probating and putting the deed in their names was a formality.

One doesn't get to hide assets by not taking them out (via probate) of the name of the deceased person from whom they are inheriting.

However, I feel that this is irrelevant in this case, because I don't think that dad's girlfriend has any real leg to stand on regarding making a claim of common law marriage, which would then potentially give her some intestate rights. Eventually the executor of the estate will have to evict her if she refuses to go, but of course that cannot happen until the executor is officially the executor...which does seem to be moving along, if not yet there.

I agree the girlfriend doesn't have a leg to stand on. HOWEVER, you cannot CONSTRUCTIVELY own the property (unless you are speaking of adverse possession which takes a COURT ruling and this does not mean the qualifications for that). Getting the deed transferred is NOT a formality. It is a requirement for ownership.

 

[LdiJ]

I agree the girlfriend doesn't have a leg to stand on. HOWEVER, you cannot CONSTRUCTIVELY own the property (unless you are speaking of adverse possession which takes a COURT ruling and this does not mean the qualifications for that). Getting the deed transferred is NOT a formality. It is a requirement for ownership.

Ok, based on that then it would be really easy for someone to hide assets from creditors or taxing authorities by simply never transferring the deeds on inherited property...and leaving the mess for later generations to clean up. By constructively I meant that they had full use and benefit from the property.

 

[Ohiogal]

Ok, based on that then it would be really easy for someone to hide assets from creditors or taxing authorities by simply never transferring the deeds on inherited property...and leaving the mess for later generations to clean up. By constructively I meant that they had full use and benefit from the property.

From the sounds of things, grandpa's estate was never probated. Hence, father never inherited. What stops it? Well, the law normally. There could be issues with this entire mess which will take an attorney to straighten out.

 

[justalayman]

The thing is that until grandma's estate is dealt with through probate nobkey knows who will end up with the land. Maybe grandpa had a will and gave all the land to me. Maybe through intestate succession it did go to op's father and uncle.

Maybe grandpa had a lot of debts and the land had to be sold to pay the debts or maybe some government entity has a ton of liens on it.


Bottom line, until grandpa's estate is dealt with op is only guessing that she will end up with any property.

 

[luckimom3]

And you think that this is important how?

You have much to learn. Therefore, it's best not to make a fool of yourself now.

Why do you think I'm on here asking? Of course I have alot to learn. I'm trying to get some bum out of my dad's home!

 

[luckimom3]

ThanKS for the advice!

That is not what I meant. Also the "she" I was talking about was deceased person's girlfriend, not the OP.

What we have is a situation where grandpa owned the property and then passed away, leaving the property to their sons. Dad and dad's brother continued to live in, use, pay taxes for etc., the property without actually getting the deed put in their names. While they did not own the property on paper, they constructively owned the property because there is no one else who could have claimed it, and their not probating and putting the deed in their names was a formality.

One doesn't get to hide assets by not taking them out (via probate) of the name of the deceased person from whom they are inheriting.

However, I feel that this is irrelevant in this case, because I don't think that dad's girlfriend has any real leg to stand on regarding making a claim of common law marriage, which would then potentially give her some intestate rights. Eventually the executor of the estate will have to evict her if she refuses to go, but of course that cannot happen until the executor is officially the executor...which does seem to be moving along, if not yet there.

The WILL is being probated as we speak but I was wondering if the executor could send her a letter asking her to leave.