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getting a unwanted person removed from your property legally.

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Deliak

Guest
What is the name of your state? pennsylvania, my mother recently inherited my grandmothers house however my uncle was staying there against my grandmothers will and now that she has passed away and my mother has full responsibilitie of the property what steps should she take to have him removed from the property. He has no legal documentation or lease and my mother has the will that was left by my grandmother stating she is to receive the house and all responsibilities that go along with it my mother is very afraid of her brother due to his drug dependacy and just wants to handle everything appropriately and with as little arguing as possible.:(
 


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annefan1000

Guest
If your mother is executrix of grandmother's estate, she does the following:

1. Mother sends Uncle a letter by certified mail, return receipt, giving him 30 days to vacate the premises.

2. After 30 days have elapsed, mother goes to court and files the eviction notice.
 
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Deliak

Guest
even though he's technically not a tenant does she still have to go thru the same process as though he is. he has no lease and no legal ties to the home. is there any possibilitie of having him removed via the police for trespassing?:confused:
 
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Deliak

Guest
even though he's technically not a tenant does she still have to go thru the same process as though he is. he has no lease and no legal ties to the home. is there any possibilitie of having him removed via the police for trespassing?:confused:
 

JETX

Senior Member
Annefan is almost correct, but it is critical that we know the status of ownership.

1) What is the status of the will???
2) If it has been probated, has the court 'awarded' the title of the property to your mother?? If she is the current 'titled' owner, then she has a couple of options.... from a formal eviction, to filing trespass charges against him.
3) If the will has not been probated and/or the property has not been transferred to her, then any actions must be done by the executrix, on behalf of the estate.

If the ownership question is not an issue, you will need to determine what method is least likely to cause potential 'backlash', that of filing trespassing charges with the sheriff/police, or that of forcing an eviction. Personally, the trespassing usually works fastest if the person has no clear right of tenancy.
 

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