My mother passed away in 07/2006, She was divorced from my stepfather in 2000 for his alcahol addiction.He has never worked and lived off my mom for 15 years. Even going as far as stealling and selling her belongings, She let him stay there until he found a place? Well its been 7 YEARS! I let him stay until my 2 siblings and I made a decision on her estate,now that we have, how do we go about this. We have been told he is going to the flea market selling her items since her death. TY for any advise.
2007-04-23 08:45:38 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
She was divorced from him, and he still lived there?. What was the divorce settlement?. Unless you have the papers that show he is isn't entitled to anything, you better talk to an attorney. If he isn't entitled to anything, then anything he removes could be considered theft. The whole problem is the time span. This is more of a Civil, than a Criminal situation.
2007-04-23 09:10:48 · answer #1 · answered by CGIV76 7 · 0⤊ 0⤋
In most states the procedure is fairly generally applied as far as eviction. However, the first thing that I would check was to see if your state recognizes common law marriage. If so, then this alone could cause you problems. Then as the last writer suggested, check the deed for any other names than your mothers. If there are no problems in either of these areas, then personally (and with a witness) hand this man a signed and dated copy of paper stating that he has been evicted from the premises and must be moved within 30 days. If within 2 weeks has not made any moves, then site him to court for legal evictions (this should take 2-3 weeks to get to court). The judge (without special circumstances) should by law allow a deadline for eviction. This would also be a good time to mention your mothers belongings to the judge. To contact a lawyer and verify this for your state should be free to you over the phone. However, keep in mind that hiring an attorney to do this simple proceedure would cost. I hope that this helps. Lewis
2007-04-23 16:21:28 · answer #2 · answered by pappysgotitgoinon 5 · 0⤊ 0⤋
Get a good civil attorney to help with the eviction process. Just be prepared for a long process for the eviction. Depending where you are, tennant/ landlord laws are different. You could also contact the Civil Division of the Sheriffs Dept. in your jurisdicition, they maybe helpful enough that you won't need an attorney!!
2007-04-23 16:49:01 · answer #3 · answered by brewbum80 2 · 0⤊ 0⤋
you have to speak with an attorney. if the parasite that lived off your mum was not married to her at the time of her death then (i might be wrong here) he has no claim on her estate or belongings-this passes to the eldest of her children. he is technically stealing your belongings. also if he was not named in any will this enforces your case-get in there and screw him for whatever he has. you would also have the right to evict him from your mothers former property.
2007-04-23 18:06:12 · answer #4 · answered by tony c 5 · 0⤊ 0⤋
YOu may have some big problems depending on the state you live in. First off you need to make sure she never put him in title to the property; it may be partially or even wholly his!
Get an atty. File the eviction proceedure he says is proper for your state and county.
2007-04-23 15:51:56 · answer #5 · answered by wizjp 7 · 0⤊ 0⤋