Eviction

questions & answers

Question: My sister began occupying my fathers house when he became incapacitated. Unfortunately he has since passed away (11 mos. since she moved in there, which she said was supposed to be temporary). I am the trustee, she is to receive 1/4 of the estate once it's settled. However, she hasnt worked in 3 years, has no desire or attempted to either....she says she isn't going to move out. and says we cant kick her out. As the trustees, do we have the legal right to get her out? She's never paid rent and we paid her other bills in good faith so she could get back on her feet.There is no lease.help!

Answer: Your sister has no legal right to remain in the residence rent free. The house belongs to the estate. If you are the trustee you have to right to determine use of the property in the short term. She is what is called a "tenant at sufference". You should give her written notice to vacate within 10 says> If she does not do so you can file an eviction action in either Justice of the Peace or Superior Court.

QUESTIONS

  • My sister began occupying my fathers house when he became incapacitated. Unfortunately he has since passed away (11 mos. since she moved in there, which she said was supposed to be temporary). I am the trustee, she is to receive 1/4 of the estate once it's settled. However, she hasnt worked in 3 years, has no desire or attempted to either....she says she isn't going to move out. and says we cant kick her out. As the trustees, do we have the legal right to get her out? She's never paid rent and we paid her other bills in good faith so she could get back on her feet.There is no lease.help!

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS