When I inherit a house in Florida can I legally remove a person who has established residency there as a guest of the decedent?
As the new owner of the house/land, I no longer want this person there. What are my legal options for removing this person from the property?
5 attorney answers
The FIRST thing you do, before taking the (correct) advice of any of my colleagues, is hire an attorney. If you are the personal representative of the estate, whether is needs to be probated or not, hire an attorney to help you do that. If someone else is the personal representative, hire an attorney at least for the issues concerning the house. This is not a DIY, ask-as-you-go kind of thing.
Just because I answer your question does not mean that I am your lawyer, or that you should take action based on my answer. I am not your lawyer. I can give you my best guess based on the facts as you present them in your question. Any questions that I ask in my response are rhetorical, which means that I do not want you to answer my questions.
Your first step is to review the deed and to undertake a probate, once a probate is undertaken and you get the property in your name, you will then have authority to address the property as your own and pursue removing unwanted individuals in the property without authorization or a lease or rental agreement. You will not be able to do anything until a probate is accomplished and your establish your ownership rights in the property through probate, this is if the deed does not establish or support some other ownership rights and interest.
From your comments, it sounds as though the original owner of the property has died. Therefore, this is properly a probate question.
First, in order to establish your ownership of the property, the will must be admitted to probate and the house transferred through that process. If probate has not been accomplished, you are not yet the owner of the property. Once you are the record owner, you should give the guests written notice that they are no longer permitted to reside on the property and that they must leave. If they don't leave, you can institute an unlawful detainer action to have them removed.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
I am changing the practice area to Landlord & Tenant in hopes that you will receive more relevant responses. I would assume that you would need to go through the eviction procedures to remove these people. I would suggest that you seek legal counsel with Landlord Tenant experience as soon as possible.
Best of luck to you.
I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in MI and FL so advice in any other jurisdiction is strictly general advice. You seek more specific advice from an attorney licensed in your jurisdiction.