How do you remove a 'guest' from a family members home that's dying/dead..we'll inherit the home but don't want the 'guest'!

He's a non-paying boyfriend that's been living off of her for 2 years. His name is on their 'joint' checking account (hers) but they are NOT married.
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Jeffrey Scott Goethe

Jeffrey Scott Goethe

Contributor Level 4
That is a difficult situation. If the boyfriend is in the home with the owner's permission, the landlord/tenant laws and eviction procedures probably don't apply. If you feel the situation involves exploitation of a person who does not have the capacity to manage their finanaces, you may wish to speak to an attorney about the guardianship process. A guardian could then take steps to have the boyfriend removed if his presence is harmful to the owner of the home. The owner of a home could file a lawsuit called an ejectment, and if the owner is incapacitated, the court-appointed guardian could initiate the suit. This is not an easy process and all other options should be fully explored with a Florida attorney. If the owner is legally competent, the courts will be reluctant to take away her right to make decisions about her living arrangements, even if others don't agree with her choices.

I'm sure you want to help, but often, it is worth speaking with an attorney to explore the options, see what different options would cost, and decide the chances for success with each of the options. It is tough to watch and situation and not know whether you are doing everything you can for a loved one.

If and when you become the owner, circumstances will be a little diffferent. Until then, the possibility that you might inherit the home does not give you standing to act as the owner.

I hope this helps. Please contact an elder law attorney in your community.

I hope this helps.
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