February 14, 2017 at 9:12 pm #3568
Mother died and succession left home to three siblings (a, b, c). Sibling a died recently. Rather than sell the property b has allowed someone to move into the vacant house rent free and had utilities put in the freeloaders name. There is no lease agreement, rental agreement, hold harmless, or insurance and I’m am worried about the potential liability! I want the freeloader out! What can I do to protect myself from potential liability? Would rather have the house vacant or legitimately rented till sold.
February 17, 2017 at 1:35 pm #3570
You have a couple of problems. The first is that at some point someone has to do a succession for the deceased sibling. Until then not much can be done with the house.
You can always file a partition suit to have the house sold and the proceeds paid to the heirs -the estate of the deceased heir being one of the heirs. A partition basically says “I am a co-owner with other parties and don’t want to be -so, I want the court to order the property sold so I can get my share.
Since you and siblings were put into possession as undivided owners, any of you at this point have the right as an owner to do what you want, which in theory would include letting a friend freeload there. A partition suit could get into that aspect and possibly include requesting a court order to get these people out of the house in order to preserve the property.
I suggest seeing a lawyer at this point to get the ball rolling. Situations like this don’t improve on their own.
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