How to remove a squatter relative from your home?
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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 6 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 6 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.
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