My father passed away Dec. 17,2012. His "girlfriend "has lived there for about a year & a half two years. She pays nothing, has no bills in her name, the classic gold digger. He left no will but everything is to be split between my 2 brothers & me. I would like to know what rights we all have & how to evict her. I'm not allowed in the house I grew up in & she wont answer my calls or texts. Thank you
1 Answer from Attorneys
There are several approaches. One is to open an estate, with one of the heirs as the Administrator. Then use the Letters of Authority to have her removed, as they will demonstrate the Administrator will have the legal authority to do so. If she claims she is a tenant, it may then require an eviction proceeding, which again can be done by the Administrator.
You can try the above in advance of having an Administrator, by simply contacting the local police department and seeing if they'll send an officer with you. The property immediately vested into the heirs of the Estate at the time of death, as property must be "held" by someone. The paper work won't show this, but you can establish you are the son or daughter of the decedent. That presumes only his name was on the deed.
I would strongly suggest you work with an attorney on this, as there are lots of legal issues in play here.