Legal Question in Wills and Trusts in Florida

My stepdad had someone living with him. There was no contract or lease and this person did not pay any rent or any of the utility bills. My stepdad recently passed away. My brother and I are beneficaries on the will. The lawyer that drew up the will has started probate procedings. We have asked the person to leave but were refused. Do we have to start evication procedures. The house is in Citrus county Florida and my brother and I live in Massachusetts and Rhode Island.

Asked on 7/14/10, 8:41 am

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

File an eviction notice and have the person removed.

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Answered on 7/14/10, 12:01 pm

Your probate attorney should be able to advise, but it looks more like she was an invitee and not a tenant. If she paid anything towards the premises, she would be considered a tenant, and eviction proceeds are needed. If she is an invitee, after notice that she must leave and her failure to leave, she is a trepasser.

In the long run, it may be safer to do the eviction proceeds.

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Answered on 7/14/10, 12:18 pm
Ronald Jones Ronald A. Jones, PA

Well, depending on the circumstances, either an eviction OR an ejectment proceeding; Because she didn't pay rent, etc. she was not a tenant; she was an invitee; if you file simple eviction her reply would likely be that she was not tenant and is not subject to LL-Tenant act; you are probably going to have to file an "ejectment" action; but you also MAY have to wait until title is in your and your brothers name (if house was homestead). Talk to your probate lawyer about this.

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Answered on 7/14/10, 1:04 pm

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