If our mom just passed away and left her property to my niece but we have a addict sister still living there, how can we have her removed legally?

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If our mom just passed away and left her property to my niece but we have a addict sister still living there, how can we have her removed legally?

Asked on April 24, 2014 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If she is not paying rent, then she is a guest of the legal owner (your neice). A guest may be asked to leave at any time. If she will not leave, your neice, as the property owner, may file an action for "ejectment" in court in order to remove her--ejectment is basically eviction for non-tenants (people who are not required to pay rent are not tenants). Ejectment actions can be somewhat complex, so it would be best to retain an attorney to handle this for your neice.


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