How to remove occupants of an inherited house?

My father recently passed away. When we went to him home to gather paperwork there were people living in his home. The police questioned them and they said they lived there. How do we have them removed and the deed transferd so that we can sell the home?

Asked on July 10, 2017 under Real Estate Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Sincd the house is still in your father's name, the executor (if he had a Will) or the personal representative (if there was no Will), can bring legal action. So long as there is no witten lease which would have to be honored, these people are either month-to-month tenants or guests (or even possibly tresspassers). In such a case, either an "unlawful detainer" (if they are tenants) are an "ejectment" (if they are guests/tresspassers) will have to be brought to legally get them evicted from the premises. If they fail to leave after court action is successfully taken, then the police can come and physically remove them if necessary. In the meantime, take no self-help measures, since that would be illegal. At this point, you may want to consult with an attorney who handles landlord-tenant matters.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Sincd the house is still in your father's name, the executor (if he had a Will) or the personal representative (if there was no Will), can bring legal action. So long as there is no witten lease which would have to be honored, these people are either month-to-month tenants or guests (or even possibly tresspassers). In such a case, either an "unlawful detainer" (if they are tenants) are an "ejectment" (if they are guests/tresspassers) will have to be brought to legally get them evicted from the premises. If they fail to leave after court action is successfully taken, then the police can come and physically remove them if necessary. In the meantime, take no self-help measures, since that would be illegal. At this point, you may want to consult with an attorney who handles landlord-tenant matters.


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