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Posted: 7/16/2008 12:31:08 PM EST
My mom inherited a house from her mom a few years ago. Today we learned my cousin has moved in with no authorization from my mom. They have also built a shed on her land without telling her. What can my mom and dad do. I want to go kick their ass out.
Link Posted: 7/16/2008 12:56:00 PM EST
Your story is incomplete. Why does your cousin think he/she has a right to move in? Exactly what date did your cousin move into the property?

Has the house actually gone through probate such that title is in your mother's name? If not, has a probate been opened and an executor appointed by the court?

What state is the property located in?
Link Posted: 7/16/2008 1:00:39 PM EST
It is in alaska. They just moved in within the last 2 weeks. The house and land is in my moms name. They just think the house is theirs. They never asked permission to move in or do anything to the house.
Link Posted: 7/16/2008 1:02:55 PM EST
[Last Edit: 7/16/2008 1:06:09 PM EST by spqrzilla]

Originally Posted By akcaribouhunter:
They just think the house is theirs. They never asked permission to move in or do anything to the house.


That really isn't enough explanation. Why do they think the house is theirs? How did the land/house get into your mom's name? Was there a probate?
Link Posted: 7/16/2008 1:18:40 PM EST
In my grandma's will she left the house and land to my mom. It was legally done.
My dad just reminded me that the only door was boarded over by him. They just think everything is theirs that is how they think.
Link Posted: 7/16/2008 1:58:28 PM EST
[Last Edit: 7/16/2008 1:59:55 PM EST by spqrzilla]

Originally Posted By akcaribouhunter:
In my grandma's will she left the house and land to my mom. It was legally done.


My advice to you depends on exactly how "legally done" it was. That's why I asked the questions that I did. I would need more complete answers to supply any useful advice.

If a probate was not opened, and an executor not appointed, then the legal title to the land/house is in limbo and would need to be straightened out first with the opening of a probate before you'll be able to evict anyone.
Link Posted: 7/16/2008 2:10:53 PM EST
Adverse Possession - become familiar with it. You need to be able to prove it is yours and then you need the sheriff to bust them for trespass. You will need to stay on top of this as long as it is vacant.
Link Posted: 7/16/2008 2:14:27 PM EST
It was done legally done through probate.
Link Posted: 7/16/2008 2:34:40 PM EST
Safest thing is to go through the eviction process:

http://www.state.ak.us/courts/civ-720.htm
Link Posted: 7/16/2008 2:41:04 PM EST
Thanks looking into it right now.
Link Posted: 7/16/2008 3:33:04 PM EST
Be prepared for spiteful damage to the premises once they get the eviction notice.
Link Posted: 7/17/2008 8:21:02 AM EST

Originally Posted By spqrzilla:
Safest thing is to go through the eviction process:

http://www.state.ak.us/courts/civ-720.htm


They are NOT tenants, they are trespassers.

The owner needs to have then removed.

Link Posted: 7/17/2008 3:36:58 PM EST

Originally Posted By brickeyee:

Originally Posted By spqrzilla:
Safest thing is to go through the eviction process:

http://www.state.ak.us/courts/civ-720.htm


They are NOT tenants, they are trespassers.

The owner needs to have then removed.



Maybe they are trespassers, but the OP is not giving us enough of the story to have confidence in that. I'm not going to advise someone to treat them as trespassers without a better sense of the facts. Given that they are relatives, I'd not be surprised if the police decided not to get involved even if they are trespassers.

It is dangerous to give such cavalier advice.

If someone improperly forcibly ejects someone who has a colorable claim to be a rightful possessor of the property, then there could be criminal charges. A client once ignored my advice on a tenant/landlord dispute and tried to eject tenants himself. He narrowly avoided a felony conviction.
Link Posted: 7/17/2008 4:15:50 PM EST
They have not asked my mom to be living in the house. Nor were they given permission to live in the house. No one is supposed to live in the house per my mom while my dad is fixing the house. If the cops do not do anything because they are relatives what good is the cops. I am not against cops as my uncle was one and killed in line of duty. I am named after him.
Link Posted: 7/17/2008 4:27:55 PM EST
If your mother moves forward with the FED process, she'll be able to get the sheriff to enforce the eviction order.
Link Posted: 7/17/2008 5:01:14 PM EST
[Last Edit: 7/17/2008 5:02:14 PM EST by taxes]

Originally Posted By Face_N_The_Crowd:
Adverse Possession - become familiar with it. You need to be able to prove it is yours and then you need the sheriff to bust them for trespass. You will need to stay on top of this as long as it is vacant.


How does adverse possession apply? I don't know Alaska law, but in most states squatter must live in the house for 20 years or more before adverse possession kicks in. Sounds like they just moved in. If Mom gave permission to live there, hostile possession didn't start until Mom died.
Link Posted: 7/18/2008 8:34:45 AM EST

Originally Posted By spqrzilla:

Originally Posted By brickeyee:

Originally Posted By spqrzilla:
Safest thing is to go through the eviction process:

http://www.state.ak.us/courts/civ-720.htm


They are NOT tenants, they are trespassers.

The owner needs to have then removed.



Maybe they are trespassers, but the OP is not giving us enough of the story to have confidence in that. I'm not going to advise someone to treat them as trespassers without a better sense of the facts. Given that they are relatives, I'd not be surprised if the police decided not to get involved even if they are trespassers.

It is dangerous to give such cavalier advice.

If someone improperly forcibly ejects someone who has a colorable claim to be a rightful possessor of the property, then there could be criminal charges. A client once ignored my advice on a tenant/landlord dispute and tried to eject tenants himself. He narrowly avoided a felony conviction.



My mom inherited a house from her mom a few years ago. Today we learned my cousin has moved in with no authorization from my mom.


They do NOT have permission.
They do NOT appear to have any ownership interest.


That is more than enough to have the OWNER of the property pursue trespassing charges.
It MAY be that they are unaware the the deceased no longer owns the house.
The OWNER needs to ask them to vacate, preferably with witnesses.

After that it would be better to lawyer up, but many people do not have a spare few hundred dollars lying around.

It is NOT "cavalier" to pursue trespassing charges given the information presented.
Link Posted: 7/18/2008 12:23:40 PM EST
They know the house and land belong to my mom. Nobody has lived in the house for 2 years. I will tell mom to have somebody credible to go with her and hand them a paper telling them to remove themselves from the house. Thanks everybody.
Link Posted: 7/18/2008 3:30:50 PM EST

Originally Posted By akcaribouhunter:
They know the house and land belong to my mom. Nobody has lived in the house for 2 years. I will tell mom to have somebody credible to go with her and hand them a paper telling them to remove themselves from the house. Thanks everybody.


Use the Notice to Quit form that the Alaska court specifies in the link I gave you so that the notice complies with the requirements for a FED action.
Link Posted: 7/19/2008 9:02:42 AM EST
Trespassers do not get evicted since they have NO legal right to be present.

Using eviction proceedings may actually cloud the issue.
Link Posted: 7/19/2008 9:20:00 AM EST
[Last Edit: 7/19/2008 9:20:26 AM EST by MudBug]

Originally Posted By brickeyee:
Trespassers do not get evicted since they have NO legal right to be present.

Using eviction proceedings may actually cloud the issue.



Yup, I think that going through the eviction process suddenly gives them a legal standing.

Go talk to them and tell them because they are family you will give them 7 days to GTFO. On the 7th day show up with a sheriff to have them arrested for trespassing if they have not left.
Link Posted: 7/19/2008 10:43:41 AM EST
Anybody else think that handing them a bill for rent would be a nice touch, or is that the first worm in another can?
Link Posted: 7/19/2008 2:49:52 PM EST

Originally Posted By brickeyee:
Trespassers do not get evicted since they have NO legal right to be present.

Using eviction proceedings may actually cloud the issue.


You are not making sense. You don't seem to understand my point at all. If the squatters had some ability to show rightful possession, then putting them via self help would be illegal and depending on how it was done perhaps even criminal.

Given that they are family members it isn't impossible that they could convince someone that they had permission.

A court order for eviction would be a final determination and remove any odds of that.
Link Posted: 7/19/2008 3:12:41 PM EST

Originally Posted By brickeyee:

Originally Posted By spqrzilla:
Safest thing is to go through the eviction process:

http://www.state.ak.us/courts/civ-720.htm


They are NOT tenants, they are trespassers.

The owner needs to have then removed.




And it needs to be done quickly! The longer you wait, the better their claim is. If you ignore the situation, they can say that you approved of their tenancy.
Link Posted: 7/19/2008 3:15:39 PM EST
So if they're trespassers I wonder how castle doctrine and deadly force would work.
Link Posted: 7/19/2008 8:55:08 PM EST
Mom will be down from fishcamp sunday and will see a lawyer on monday. Thanks for the hints. We will get this done quick.
Link Posted: 7/23/2008 5:48:00 AM EST

Originally Posted By taxes:

Originally Posted By Face_N_The_Crowd:
Adverse Possession - become familiar with it. You need to be able to prove it is yours and then you need the sheriff to bust them for trespass. You will need to stay on top of this as long as it is vacant.


How does adverse possession apply? I don't know Alaska law, but in most states squatter must live in the house for 20 years or more before adverse possession kicks in. Sounds like they just moved in. If Mom gave permission to live there, hostile possession didn't start until Mom died.


I stated he needed to become familiar with it - as in different states define the timeline on different horizons - some radically shorter than 20 yrs. Regardless, understanding the impacts of adverse possession and making sure that one protects themselves / is never complicit is a must.
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