North Carolina  |  Real Estate Law

Legal Question

Asked on: 7/10/13, 7:40 am

I have n unusual dilemma... Property in question is in North Carolina My mother passed on the 27th of June 2013. The home has been willed to me. I have a copy of the will but do not have the death certificate to file with the county . The dilemma is my mother was bed ridden for ten years and she had a big heart. A unrelated younger man with a drug problem asked her if he could stay with her and she let him do so for the last few years. They were not romantic and he never paid any bills, have no written agreement, no lease, and etc. He has been told personally that he must move out of the home and is refusing to do so. I have spoken with an attorney that said he was a trespasser and not a tenant. For me to file the will and go to the local magistrate and file an eviction notice or take a warrant for arrest out for trespassing. However the young man says that he has an attorney that has agreed to take his case and although I do not know how the other attorney would get paid he says that his attorney says that I must let him stay there for 90 days. I am paying for water and electricity and was hoping to handle his exit quickly and peacefully. I need to know if this individual has tenant rights in any way... there is a law I have heard of all my life called squatters rights and need to know if there is anything that I am required by law to do to honor his rights if he has any. I am a licensed Real Estate agent and do not need to do anything that could violate my license,

1 Answer


Answered on: 7/10/13, 7:46 am by Kenneth Love

You need to follow the advice you got from your attorney. File the will in probate and get the home officially in your name. You must evict him through the legal summary ejectment process which is a quick process. You should not attempt to remove him without a Court order. He is bluffing as to having an attorney. He is citing the protecting tenants at foreclosure act, which doe snot apply in this situation.


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Ken Love Law 3410 Healy Drive Winston Salem, NC 27103

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