I was living with my girlfriend while her husband was in the hospital.To pay bills and so she wasn't alone.Then her husband died.So I stayed living with her got the bills put in my name and was paying them.Then she moved to Alaska and asked me to stay and watch the house.So I have been living here for 6 mths now.The deceased to owed on the house and now its going threw probate..The son of the deceased is noe saying he is the landlord and is trying to evict me.I thought since the deceased owed on the house and its going threw probate that no one is the landlord while going threw probate.Is this right that he is saying he is the landlord and is evicting me can he do that.One more thing he didnt serve me any court papers only sent them in mail is that legal to.If some could help me that would be wonderful.
I agree with Mr. Parks - the likely issue is whether you are a tenant at all. If not, landlord-tenant court is not where you should be and you may be able to get any suit filed there dismissed, with your opponent being charged for your court costs and attorney's fees. As for who has authority to manage the deceased's interest in the house, that would most likely be whomever has been appointed Personal Representative of the probate estate unless ownership of the house automatically passed to someone else by right of survivorship or other language on the Deed. Consider having a landlord-tenant attorney review and advise you.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
Certainly SOMEONE is the landlord -- it's just not clear who that may be. If the deceased was sole title holder of the property, then it's likely that his Estate is technically the landlord -- though it remains unclear what individual person may be able to control/direct the actions of the Estate (it could well be the son, but not necessarily).
Perhaps a more specific question is whether or not you lawfully qualify as a "tenant" who could thus be subject to eviction. Based on the facts you state that seems arguable, perhaps even doubtful.)
In any event, if you've been served (or otherwise have notice of) an eviction court case that's filed against you, you need to consult with an attorney ASAP.
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