I'm the personal representative of an estate. The cousin moved in to care for this person in his final illness and now does not want to leave.  What is the status of this person in relation to the property?  Does it matter that he's related to the deceased?  What statutes apply?  How can an eviction be carried out?  What length of time is required?
Real Estate Attorney
1. A tenant at sufferance.
4. As you would any tenant who refuses to move. Instructions and forms are at the eviction court.
5. In Texas, the process usually takes about a month, unless an appeal is filed by the tenant - then a little longer. Here is a link that might be helpful. http://courts.oregon.gov/Washington/Services/Civil/pages/eviction.aspx
You may want a local lawyer to assist you with this, but unfortunately I have had to do this more than once - caregivers tend to get an "ownership" mindset after they have lived with the decedent for a period of time. Sorry for your loss.
Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.
Criminal Defense Attorney
The question is whether this cousin qualifies as a "tenant." If they do, they have many different rights and kicking them out may not be so easy. If they were only an employee of the owner, whose occupancy of the house was contingent upon their employment at the house, then getting them out may be much easier.
Don't do this alone - get a good landlord-tenant lawyer to help you.
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The first question I'd have in response is whether there is an obligation to pay rent and whether that's being met. If there's unpaid rent, your fastest and easiest path to getting the home back would be to evict the cousin on those grounds.
Either way, it would be well worth your while to consult with an attorney before proceeding.
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