What do I have to do to get my mom's boyfriend out of home so assets can be sold
2 attorney answers
Your Power of Attorney's authority ended the moment she passed away. If you are ineligible to serve as Personal Representative/Executor and he needs to be either evicted (if a tenant) or ejected (if he was just an occupant), you'll need to have someone appointed to be PR. Perhaps your sister will be willing to help. Otherwise, an attorney is most likely to be a person for the court to appoint. You are likely to encounter problems if he is unwilling to leave on his own and is unwilling to give up items in the home, so you will definitely need to hire an attorney to work through the legal issues. This is definitely not a do-it-yourself project.
I hope you found this response to provide some help in your effort to resolve a legal issue. This response shall not be considered rendering legal advice but instead a general response to a general question. This is my sole response to your questions in this forum, as it is a donation of time. Subsequent questions by comment or private email, requesting am additional response in this forum will not be responded to. Avvo is a wonderful resource but nothing can substitute for an in-depth consultation face-to-face with a lawyer. The response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner. The purpose of this forum is to provide general advice both for the person asking the question and others who might have similar questions.
Consult with an experienced probate attorney immediately. You can request the attorney to act as PR for the estate in your place if there is no other family member willing to serve.
Any answer provided on the AVVO website is for informational purposes only and does not constitute legal advice for your specific situation. You should always seek legal advice before taking, or failing to take, any action which may affect your future rights. Your local Legal Aid office may well provide information or access to free legal advice and your state bar organization may provide referrals to reputable attorneys who will provide advice on a reduced cost basis.