How to remove a squatter relative from your home?

Get Legal Help Today

 Secured with SHA-256 Encryption

How to remove a squatter relative from your home?

My brother died 3 years ago after a long bout with cancer. His adult niece daughter from another brother was staying there helping him with chores until he passed away. The property was left to me in a Will but the niece has kept her personal belongings on the property and every now and again she shows up. However, she locks the house up and disappears again to God only knows where. The niece hasn’t paid a dime for not one bill in over 3 years.

As administrator of his estate, how will I go about getting her out? What is the first step? Can I gain access to the house and just box up her stuff and place it in the attic until she decides to come back to the property? HELP

Asked on March 9, 2018 under Estate Planning, New York

Answers:

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

Answered 3 years ago | Contributor

As the administrator of the etstae, you have the duty to maintain all assets of the estate and removing your niece so as to sell the house is appropriate. Since your niece has not paid rent or any form or rent, she is not a tenant. However, since she was invited onto the property and has been there for 3 years, she is no longer merely a guest. At this point, she is what most states would consider to be a "licensee". At any rate, she wll now need to be evicted. In order to do this you will need to file for an "unlawful detainer" (i.e. an eviction). This is something that you can do yourself but you might be better off to consult directly with a local attorney who can best advise you as to specific state law. In the meantime take no self-help measures such as changing the locks, removing her belongings and/or turning off the utitlities.

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

Answered 3 years ago | Contributor

As the administrator of the etstae, you have the duty to maintain all assets of the estate and removing your niece so as to sell the house is appropriate. Since your niece has not paid rent or any form or rent, she is not a tenant. However, since she was invited onto the property and has been there for 3 years, she is no longer merely a guest. At this point, she is what most states would consider to be a "licensee". At any rate, she wll now need to be evicted. In order to do this you will need to file for an "unlawful detainer" (i.e. an eviction). This is something that you can do yourself but you might be better off to consult directly with a local attorney who can best advise you as to specific state law. In the meantime take no self-help measures such as changing the locks, removing her belongings and/or turning off the utitlities.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption