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We have a sister that moved in with our Mother about 2 years ago. It's a bad situation, borderline elder abuse. How do we evict?

Chaska, MN |

Our Mother is very uncomfortable with our sister living there, sister is verbally abusive. The property is in a Trust, I'm the Trustee.

Attorney Answers 3


If you are the current trustee-you have the right to evict.
I would recommend you have an attorney do the eviction for you.
Could also have the elder abuse investigated.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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I agree with my collegue. You are the trustee and you have the right to remove your sister. The process to evict a tenant with a lease and one without may be different in your state. I would suggest that you immediately contact an attorney.

I think it may also be helpful to have a conversation with your sister and ask her to leave the home. Sometimes speaking to other person with some compassion will allow you to resolve this without need of counsel.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.

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As trustee, you have the authority to evict your sister from the residence. As a first step, it may be best to let your sister know you intend to have her move out, but if she asks for some time to make arrangements to move, then she refuses, you wil be delayed. Consequently I would suggest you contact an attorney familliar with eviction procedures prior to making any overtures to your sister.

Legal disclaimer: Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.

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