QUESTION
Do i have the legal right to evict my moms boyfriend so that i can take possession of the house and land she left me in her will?
Asked on May 07th, 2012 on Real Estate - New Hampshire
More details to this question:
Since the beginning of this process i''ve been told that i have the legal right to take possession of the property i inherited by means of evicting my moms boyfriend. (My mom left me her house and Land in a will before she passed away) Its been a long process and now im finding out that the defendant has filed for an appearance on the writ of possession. I only had to give him 30 days but i gave him 37. Is there anything that could go wrong with me trying to remove him from the property. I dont understand why his Lawyer would file for an appearance if i have the legal right to take possession of the property.
1 ANSWER
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The first thing you should do is retain a good probate lawyer. I will assume from your message that your Mom has died and that the boyfriend did not have his name on the deed -- and that your Mom did not leave him in the will any right to retain possession. I cannot imagine what rights the lawyer might be trying to protect --- except the possibility that he will argue that some kind of common law marriage was in place at your Mom's death.
Your lawyer can provide better guesswork as to how likely that might be, and can probably shed light on other possibilities.
I recommend that you NOT go to the yellow pages to find a lawyer unless that is the only means at your disposal. Ask your friends, family, neighbors, pastor -- anyone you can think of -- for recommendations for selecting a good probate lawyer -- not just any lawyer. Many lawyers do not have a probate practice and know little about it.
Answered on May 14th, 2012 at 3:20 PM