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Location: Moose Jaw, in between the Moose's butt and nose.
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Her Dad was low income and basically lived almost rent free at a house that technically his brother owned. His daughter (my GF) is next of kin. However, the upstairs tenant, his brother's Grandson, bullied my GF not even 3 days after her Dad's death to "get your stuff out of there" and then yesterday, we found out he changed the locks and unplugged the garage door opener.
Based on the next of kin relationship isn't this the same as illegally locking a tenant?
Your girlfriend’s uncle allowed her father (his brother) to live in his house rent free until his recent death? Apparently the uncle’s grandson (your GF’s 2nd cousin) isn’t giving her access to her Dad’s possessions.
Your GF should contact her uncle so she can get access to remove her Dad’s things. Nope, she doesn’t get to come and go without permission. Nope, she doesn’t get to live there either. It was a brother to brother courtesy and your GF has no rights. However, if she did live there as a tenant, she should get 30 days’ notice before being locked out.
Your girlfriend’s uncle allowed her father (his brother) to live in his house rent free until his recent death? Apparently the uncle’s grandson (your GF’s 2nd cousin) isn’t giving her access to her Dad’s possessions.
Your GF should contact her uncle so she can get access to remove her Dad’s things. Nope, she doesn’t get to come and go without permission. Nope, she doesn’t get to live there either. It was a brother to brother courtesy and your GF has no rights. However, if she did live there as a tenant, she should get 30 days’ notice before being locked out.
Depends on the state and length of tenancy. Hopefully the OP will be back with more info.
Your girlfriend has no rights at all until she has the papers proving she is the executor of the estate. Next of kin means nothing until she can prove that she was the sole heir. She can't just go and clean out all the assets just because she got there first. There may be other people with claims to the estate.
No one is going to just take her word for it that she is the next of kin and the only heir.
Then the estate owes rent for all the time that the apartment was not returned to the landlord, so she had better get hoppin' to get all the paperwork done.
Once she proves she has the legal right, then she will have to make an appointment. She won't get free access to the apartment.
Contact the sheriff office. As next of kin you are legally allowed to retrieve the items that belonged to the deceased.
Being on the lease is irrelevant when it's time to remove items . I know . It happened in my family. We just had to show proof of relation .
Her Dad was low income and basically lived almost rent free at a house that technically his brother owned. His daughter (my GF) is next of kin. However, the upstairs tenant, his brother's Grandson, bullied my GF not even 3 days after her Dad's death to "get your stuff out of there" and then yesterday, we found out he changed the locks and unplugged the garage door opener.
Based on the next of kin relationship isn't this the same as illegally locking a tenant?
You can't lock out a person who has passed away, but if she also lived there he can't kick her out and change the locks. But is she didn't live there and had stuff or wanted her dads stuff they can't make it unreasonable like 3 days, I would guess, I think they do have to hold on to it at least a month.
Contact the sheriff office. As next of kin you are legally allowed to retrieve the items that belonged to the deceased.
Being on the lease is irrelevant when it's time to remove items . I know . It happened in my family. We just had to show proof of relation .
Um, the existence of a will, an executor, and heir(s) are going to matter more than a nebulous "next of kin". The GF could be both or neither. If he died intestate the laws of that state (which wasn't mentioned BTW) will determine who teh property may belong to. IMHO the LL is being conservative and protecting the property until this is clear and someone shows up with the right paperwork.
Um, the existence of a will, an executor, and heir(s) are going to matter more than a nebulous "next of kin". The GF could be both or neither. If he died intestate the laws of that state (which wasn't mentioned BTW) will determine who teh property may belong to. IMHO the LL is being conservative and protecting the property until this is clear and someone shows up with the right paperwork.
Yes I'm sure that the family will fight for a dirty blanket and that the reason they are not letting her get it because they are afraid of being sued rather than the rightful people who would sue over the dirty blanket which is any other heirs to the daughter/said owner of the dirty blanket.
This is a very important question, because if she was living there, this is blatantly illegal.
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