User Panel
User Panel
User Panel
|
Posted: 7/16/2008 1:56:00 PM EDT
[#1]
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? |
|
|
|
Posted: 7/16/2008 2:00:39 PM EDT
[#2]
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.
|
|
|
|
Posted: 7/16/2008 2:02:55 PM EDT
[#3]
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? |
|
|
|
|
Posted: 7/16/2008 2:18:40 PM EDT
[#4]
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. |
|
|
|
Posted: 7/16/2008 2:58:28 PM EDT
[#5]
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. |
|
|
|
|
Posted: 7/16/2008 3:10:53 PM EDT
[#6]
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.
|
|
|
|
Posted: 7/16/2008 3:14:27 PM EDT
[#7]
It was done legally done through probate.
|
|
|
|
Posted: 7/16/2008 3:34:40 PM EDT
[#8]
Safest thing is to go through the eviction process:
http://www.state.ak.us/courts/civ-720.htm |
|
|
|
Posted: 7/16/2008 3:41:04 PM EDT
[#9]
Thanks looking into it right now.
|
|
|
|
Posted: 7/16/2008 4:33:04 PM EDT
[#10]
Be prepared for spiteful damage to the premises once they get the eviction notice.
|
|
|
|
Posted: 7/17/2008 9:21:02 AM EDT
[#11]
They are NOT tenants, they are trespassers. The owner needs to have then removed. |
|
|
|
|
Posted: 7/17/2008 4:36:58 PM EDT
[#12]
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. |
||
|
|
|
Posted: 7/17/2008 5:15:50 PM EDT
[#13]
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.
|
|
|
|
Posted: 7/17/2008 5:27:55 PM EDT
[#14]
If your mother moves forward with the FED process, she'll be able to get the sheriff to enforce the eviction order.
|
|
|
|
Posted: 7/17/2008 6:01:14 PM EDT
[#15]
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. |
|
|
|
|
Posted: 7/18/2008 9:34:45 AM EDT
[#16]
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. |
||||
|
|
|
Posted: 7/18/2008 1:23:40 PM EDT
[#17]
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.
|
|
|
|
Posted: 7/18/2008 4:30:50 PM EDT
[#18]
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. |
|
|
|
|
Posted: 7/19/2008 10:02:42 AM EDT
[#19]
Trespassers do not get evicted since they have NO legal right to be present.
Using eviction proceedings may actually cloud the issue. |
|
|
|
Posted: 7/19/2008 10:20:00 AM EDT
[#20]
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. |
|
|
|
|
Posted: 7/19/2008 11:43:41 AM EDT
[#21]
Anybody else think that handing them a bill for rent would be a nice touch, or is that the first worm in another can?
|
|
|
|
Posted: 7/19/2008 3:49:52 PM EDT
[#22]
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. |
|
|
|
|
Posted: 7/19/2008 4:12:41 PM EDT
[#23]
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. |
||
|
|
|
Posted: 7/19/2008 4:15:39 PM EDT
[#24]
So if they're trespassers I wonder how castle doctrine and deadly force would work.
|
|
|
|
Posted: 7/19/2008 9:55:08 PM EDT
[#25]
Mom will be down from fishcamp sunday and will see a lawyer on monday. Thanks for the hints. We will get this done quick.
|
|
|
|
Posted: 7/23/2008 6:48:00 AM EDT
[#26]
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. |
||
|
|
Win a FREE Membership!
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.
