Posted by Rick, the Probate Guy on November 19, 2006 at 09:31:32:
Mary-Beth - You’re unclear as to two things:
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Is he living in the property or merely storing personal effects (sounds like the former)?
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Does he have any legal interest as an heir or distributee (receiving any part of the house)?
We deal with this problem frequently (believe it or not). Unlawful detainer laws (eviction) vary widely vary widely from state to state (even among cities), but I can safely say that without any ownership interest in the house, nor any written rental/lease agreement, he’ll have to be dealt with just like any other holdover tenant, and be given the same statutory “notice to quit” (vacate).
Whoever has the legal power to initiate this (you don’t say who’s in charge of your Grandmother’s estate) should contact an eviction service in your area and have them serve Grandson with the appropriate notice to vacate. That way, the time clock has started on him and he knows that you mean business.
Next, offer to give him a little money (figure about what the eviction costs would be) if (and only after) he moves. If he tries to delay (he will) then let the eviction attorney handle everything and don’t interfere with the process (and avoid any verbal encounters from this point on).
The process could require the attorney going to court to get an unlawful detainer order and eventually a sheriff’s lock out date.
Be prepared to go the whole way if you start this. You didn’t cause the problem; he did. He’s holding the family home hostage at your expense. If you get him served now, perhaps one of his friends will feel sorry for him because of the holidays and encourage him to move in with them. You can later return the favor by referring his friend to your eviction service, too!