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Old 06-28-2018, 06:20 PM
DKM
 
Location: Thousand Oaks, CA
2,060 posts, read 674,891 times
Reputation: 2215

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This calls for making a deal. Just offer her 10k and/or some of the departed's property to sign an agreement to leave in 30 days. Done. Or spend that much on lawyers and have a terrible time with it...
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Old 06-28-2018, 10:08 PM
 
5,221 posts, read 2,381,873 times
Reputation: 5111
Quote:
Originally Posted by DKM View Post
This calls for making a deal. Just offer her 10k and/or some of the departed's property to sign an agreement to leave in 30 days. Done. Or spend that much on lawyers and have a terrible time with it...
That would be a waste of $10k. No lawyers needed, just start the normal eviction process.
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Old 06-29-2018, 01:18 AM
 
Location: Florida Gulf Coast
4,089 posts, read 5,504,645 times
Reputation: 6412
Quote:
Originally Posted by DKM View Post
This calls for making a deal. Just offer her 10k and/or some of the departed's property to sign an agreement to leave in 30 days. Done. Or spend that much on lawyers and have a terrible time with it...
That's ridiculous!! $10,000!!? At this point, they're still d***ing around with how to handle this, so have they even told her that the house needs to be sold and she needs to continue with her plans of moving? Sounds like (allegedly) she has saved thousands by living there rent-free for five or six years. Find out what mementos she wants of the father's but the house isn't gonna be one of them. Maybe offer to help her move or whatever, but 10 grand right off the bat? No.
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Old 06-29-2018, 06:58 AM
 
9,856 posts, read 5,729,233 times
Reputation: 9774
Quote:
Originally Posted by TaxPhd View Post
That would be a waste of $10k. No lawyers needed, just start the normal eviction process.
They still need a lawyer, this is a special case. Maybe they could start by actually talking to her and she would leave on her own. She knows she can't just stay there forever.
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Old 06-29-2018, 07:34 AM
 
5,221 posts, read 2,381,873 times
Reputation: 5111
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Originally Posted by tamajane View Post
They still need a lawyer, this is a special case. Maybe they could start by actually talking to her and she would leave on her own. She knows she can't just stay there forever.
It's only a special case if they choose to make it so. Otherwise, the LIG is nothing more than a tenant with no special rights.
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Old 06-29-2018, 08:17 AM
 
9,856 posts, read 5,729,233 times
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Originally Posted by TaxPhd View Post
It's only a special case if they choose to make it so. Otherwise, the LIG is nothing more than a tenant with no special rights.
They should have a lawyer to guide them through the eviction process. They don't even live in the same state.
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Old 06-29-2018, 08:58 AM
 
5,221 posts, read 2,381,873 times
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Originally Posted by tamajane View Post
They should have a lawyer to guide them through the eviction process. They don't even live in the same state.

Evictions are routine processes that landlords do all the time, without lawyers. Living in different states is irrelevant to the eviction process.
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Old 06-29-2018, 10:32 AM
 
33,050 posts, read 12,521,075 times
Reputation: 20942
The executors need to call the kid with the casita, explain the house will be sold as part of settling the estate, and ask if there's a family member who can come help her pack up and move.

Then contact the LIG and explain that the house will be sold to settle the estate and what items from the house would she like to take with her when she moves, which will be within the next two weeks as they need to start cleaning and painting the house to get it ready to sell.

Then contact real estate agents and get the ball rolling.

May need to arrange for an estate sale, have a staging consultant come through to offer suggestions, get estimates for repairs and painting, ... lot of work to get a house ready to go on the market.

But do it all matter of fact. If she starts in about having tenant rights or not wanting to leave, point out that the heirs have been covering taxes, insurance, utilities for the past six months and you would like to be reimbursed before she goes.

Also, if things turn unpleasant and you have to hire an attorney to straighten this out, she will be sued for the legal fees involved in the eviction proceedings.

If she leaves now, they'll let bygones by bygones.

No need to be unpleasant about it. But it is unrealistic to expect the heirs to continue picking up the tab. Her children have a place for her to live. She needs to move there.

Because this house is being sold.
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Old 06-29-2018, 10:58 AM
 
5,221 posts, read 2,381,873 times
Reputation: 5111
Quote:
Originally Posted by GotHereQuickAsICould View Post
The executors need to call the kid with the casita, explain the house will be sold as part of settling the estate, and ask if there's a family member who can come help her pack up and move.

Then contact the LIG and explain that the house will be sold to settle the estate and what items from the house would she like to take with her when she moves, which will be within the next two weeks as they need to start cleaning and painting the house to get it ready to sell.
She shouldn't get anything other than her own personal property.

Quote:
But do it all matter of fact. If she starts in about having tenant rights or not wanting to leave, point out that the heirs have been covering taxes, insurance, utilities for the past six months and you would like to be reimbursed before she goes.
She doesn't have to "start in about having tenant rights," she already has them, whether she "starts in" or not. No reimbursement will happen, as she is under no obligation to do so. She has been allowed to live there for free.

Quote:
Also, if things turn unpleasant and you have to hire an attorney to straighten this out, she will be sued for the legal fees involved in the eviction proceedings.

If she leaves now, they'll let bygones by bygones.
A 90 day notice generally must be given. If she leaves within that time, no attorney fees will be coming from her.

Quote:
No need to be unpleasant about it. But it is unrealistic to expect the heirs to continue picking up the tab. Her children have a place for her to live. She needs to move there.
Are you sure about that? I'm pretty sure a landlord can't cut off utilities in attempt to speed up an eviction.
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Old 06-29-2018, 11:41 AM
 
Location: Raleigh
6,989 posts, read 5,201,036 times
Reputation: 9429
Quote:
Originally Posted by TaxPhd View Post
Evictions are routine processes that landlords do all the time, without lawyers. Living in different states is irrelevant to the eviction process.
...Yes, and no.

Some states are exceptionally tenant friendly, some are exceptionally landlord friendly, and everywhere in between.

If one has a dozen properties and is well versed in the process, that's one thing. But if you live out of state and have zero idea of the areas property laws, and are unaccustomed to the ins and outs of the process in general, its a different story.

And, plenty in jurisdictions where the courts are tenant-friendly will simply hire an attorney to handle it.
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