what can i do about being served with papers to vacate the property i live in which is my family home ?

my grandmother died with no will. probate gave my mother the mobile home and some land. my mother never got the title to the mobile home transfered. soon after that she died. my 3 three sisters and i let the estate go through probate and decided to divide all property equally. my older sister moved into the mobile and had the title transfered from our grandmothers name into her name. she moves out, moves to miami and ive been living in it since. i am also sub leasing some rooms to a family. now my sister has signed the title over to my other sister and i was served with eviction papers

Asked on June 28, 2009 under Estate Planning, South Carolina

Answers:

W. T. Geddings, Jr. / Geddings Law Firm

Answered 11 years ago | Contributor

Your problem is far too complicated to be answered here.  You need to make an appointment and sit down with an attorney as soon as possible with all of your paperwork.  First, it is very important to know exactly what went through the probate court and what did not.  People often say "went through probate" when they do not mean the same thing it means to an attorney.  There must be a paper trail for ownership and just word of mouth is not sufficient.  Second, if  you are a part owner of the property, you cannot be evicted anyway.  You are equally entitled to full use of the property (the entire property) though your sisters might be able to sue for their share of any rent or profit.  There are a lot of ways you can get some very bad advice based on only giving partial information.  Even an attorney may lead you astray without meaning too if you do not meet with him or her and get them to fully review everything.  Whether they will meet with you for free or they charge for the consultation, I hope you will believe me that this is not something you should even attempt to resolve by phone or e-mail and you need a face to face meeting with a full review.  Otherwise, you are almost guaranteed to go wrong and have a lot of problems.

W. T. Geddings, Jr. / Geddings Law Firm

Answered 11 years ago | Contributor

Your problem is far too complicated to be answered here.  You need to make an appointment and sit down with an attorney as soon as possible with all of your paperwork.  First, it is very important to know exactly what went through the probate court and what did not.  People often say "went through probate" when they do not mean the same thing it means to an attorney.  There must be a paper trail for ownership and just word of mouth is not sufficient.  Second, if  you are a part owner of the property, you cannot be evicted anyway.  You are equally entitled to full use of the property (the entire property) though your sisters might be able to sue for their share of any rent or profit.  There are a lot of ways you can get some very bad advice based on only giving partial information.  Even an attorney may lead you astray without meaning too if you do not meet with him or her and get them to fully review everything.  Whether they will meet with you for free or they charge for the consultation, I hope you will believe me that this is not something you should even attempt to resolve by phone or e-mail and you need a face to face meeting with a full review.  Otherwise, you are almost guaranteed to go wrong and have a lot of problems.


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