What can I do if a family member is living on my property illegally?

UPDATED: Sep 30, 2022

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What can I do if a family member is living on my property illegally?

How would I go about collecting rent from a relative who has not been appointed personal representative of an estate? How do I confirm that it still belongs to me without interacting with said relative directly? I have been appointed by a district court as personal representative in the matter of the estate of my deceased father.

Asked on November 23, 2016 under Estate Planning, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the relative was a rent paying tenant, then they have to continue paying rent--to your father's estate, since he passed away. If they don't you can have them evicted for nonpayment of rent.
If they were not a rent paying tenant, they were a guest (presumably of your father). A guest may be asked to leave at any time by someone with authority over the property, which in this case would be you as personal representative. If he or she will not leave when asked, you can bring a legal  action for "ejectment"  (eviction for nontenants) to remove them. In either case, you are strongly advised to retain an attorney to helo you: ejectment and eviction can be very technial, and any errors in the filing can delay the process. (Also, since this is a relative, having an attorney will help depersonalize the matter, as opposed to you doing it directly.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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