Introduction

Your grandmother left you her house in her will, but her son, your uncle, is preventing you from taking possession. This situation might seem daunting, but with the right approach and guidance from legal experts, you can navigate this challenging process. In this guide, we'll explore the legal steps you need to take to have your uncle removed from the house.

Understanding the Legal Position

First, it's important to understand the legal implications. Typically, the person who inherits property becomes the new owner immediately upon the transfer or the death of the previous owner. However, if your uncle has been living in the house and has been receiving permission to stay, he may be considered a licensee, not a tenant who has paid rent. This distinction means that the legal process to remove him is different from evicting a tenant who has paid rent.

About Licensees

A licensee is someone who has the permission of the property owner to use the property, without any formal agreement about rent or compensation. This might include family members who have been living in a property for a long time, especially if they received explicit permission to reside there.

Legal Steps to Evict a Family Member

To start the process of removing your uncle, you need to follow the specific procedures your state or region mandates. Here’s a step-by-step guide to help you navigate this complex situation.

Step 1: Ensure You Have Proper Documents

Obtain a Deed: Make sure you have a deed to the property in your name. If not, contact the testator (the person responsible for signing the will) or the executor of the estate. They should provide you with a deed of transfer. Verify Deeds: Check if the deed has been filed with the county clerk. If not, do so to make it official and secure your rights.

Step 2: Consult a Landlord-Tenant Lawyer

Talk to a lawyer who specializes in tenant law. They can advise you on the specific laws and procedures in your area.

Step 3: Initiate the Eviction Process

Select the Appropriate Court: Depending on where the property is located, you will need to file the eviction papers in the appropriate county housing court. File the Documents: Prepare the necessary forms and file them at the courthouse. This will include an Original 10-day Notice to Quit, Affidavit of Service for the 10-Day Notice to Quit, Notice of Petition, and the Petition. Make sure to follow the instructions carefully, as the forms can vary by location. Serve the Papers: Ensure that the notifications and documents are served to your uncle within the required time frame. This is a crucial step to legally justify the eviction proceedings.

Step 4: Attend the Court Hearing

Both you and your uncle will need to appear in court on the scheduled date. Bring any relevant documentation and evidence to prove your case. If necessary, bring printouts of any text messages, emails, or other evidence that supports your position.

Conclusion

Removing a family member from a property can be emotionally and legally challenging, but with proper guidance and legal assistance, you can navigate this situation successfully. If you need further help or advice, don’t hesitate to seek the assistance of legal professionals specializing in tenant law and property disputes.