Legal Question in Wills and Trusts in Trinidad and Tobago
Hello. My mom passed away in 2003 and left her house to me and my other 2 siblings. My mom left no will and we cannot find a deed to the house. She was divorced from our dad at the time of her death. We reside in the US. Back in 2010 my uncle asked if he could live in the house which was unoccupied at the time. My older sister gave him permission and he promised to keep up the property but he has not. While on vacation last month, I found out that he is currently in jail and has been there for several months now. One of his children's mother is currently squatting there. I served her a 30 days notice of eviction August of this year. She is currently still at the property. I would like my half sister, by my father, to act on my behalf to take her to court. But i am not sure how to go about that as i am in the US. How do I get this woman out of our house? Thank you.
1 Answer from Attorneys
Firstly you need to determine if you and your siblings are entitled to property. The deed or the Certificate of Title (CT) for the land/property is needed to establish legal title. On the assumption your mom's name is on the deed or CT is she the sole owner or are there other owners (you dad for example). Even if your mom/dad were divorced the property can still be held with others.
If the property has co-owners and your mom is an owner is the title in joint tenancy or tenants in common (share). If the property is joint was the joint tenancy severed and if not who is/was the last survivor? Now assume your mom is the sole legal owner.
You have to apply for letters of administration for the estate of your mom and assent the property to the beneficiaries (her children).
You can execute a power of attorney in favour of your half sister to act on your behalf (and I will advise that all your siblings do the same in the same instrument) for your half sister to deal with the squatter and to apply of the estate on your behalf.
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