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What process needs to happen to evict a family member, when no lease is signed?

Albany, GA |

My mom now stays in her mother's home. Her mother did not leave a will, when she died. So they all decided to put the oldest brother over the house. And use it as a family house. Many family members stayed there and abused the house. So my mom decided to sign a contract with her brother to renovate the home, in place of paying rent.. Later her little brother got of of jail and needed a place to stay. He moved in with my mother and is now on drugs. He has been there for about 4 months. He is threating her and throwing things in the home.HE HAS TO GO!!

Attorney Answers 3


If he has no lease you may ask him to leave, then if he doesn't call the police and say he is trespassing, the police won't help then you may evict him by using the court. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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YOU need to see a lawyer. There probably needs to be a probate before anything can be done.

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If your mother's mother did not have a Will, there is a chance that your mother and her siblings all own interests in the house. In that case, your mother and her little brother would have equal rights to live in and use the house, and it may not be possible to evict him. Your mother, on the other hand, would also not need to pay rent to live there, if she owns an interest in the house. And, if he's violent and destructive, she may be able to have him arrested and taken out of the home when he causes trouble.

I agree with Mr. Ashman: your mother needs to see a lawyer as soon as possible. The lawyer will need to help her figure out exactly how her late mother's house is currently owned and what, if anything, can and should be done to address the situation with her little brother and her other siblings. It sounds like a mess.

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.

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