If I’ve had to put my father into a healthcare home and his wife passed last year but her daughter but her 2 sons are still living in his home, how do I get them out?

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If I’ve had to put my father into a healthcare home and his wife passed last year but her daughter but her 2 sons are still living in his home, how do I get them out?

I have had to put my father into a healthcare home due to memory problems.I told them 2 months ago that they have to leave in 30 days so we could sell the house. However, they will not leave. Can I evict them? Since I am paying for all utilities on the home, can I turn off the utilities?

Asked on January 6, 2014 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The house presumably now belongs to your father's wife. If that's the case, then unless you have a power of attorney from her over the property, or have legal guardianship of her (because, for example, she has been adjudged to be mentally incompetent *and* you were made the guardian--very unlikely if she has children of her own), you can't evict them: whether or not you pay the bills, you have no nlegal authority. You could stop paying for the utilities, but if the account is not in your name (e.g. it's in your father's wife's name), you have no authority have the utilities discontinued--and the children could take over paying if they wanted.


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