QUESTION

What can be done if we have put the house on the market and his sister will not get out?

Asked on Apr 10th, 2016 on Estate Planning - California
More details to this question:
I have a brother in law that has power of attorney. My father in law passed and he had a reverse mortgage on the property. When a realtor goes to show it, she won't let them in. She also took the sign down. We are trying to get some money for the rest of what’s left and it is to be divided to all 5 after the reverse mortgage is paid. She has signed my father in law’s name for the past 8 years saying he was residing there. He has not. She refuses to leave and has never paid any money. Her father has asked her to when he left that house 8 years ago. He passed away and left a living trust that states to sell all split the left over money 5 ways. If the house is not on the market or has not sold in a certain time, they can lose all from foreclosure. She stated she will lose it before anyone gets a dime. She is very upset that her dad did a reverse mortgage. She has never paid anything there at the house when her parents were living.
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3 ANSWERS

All powers of attorney end upon death of the person granting them. The person named as trustee of the Trust has to deal with the matter. If she has paid no rent for eight years with her father accepting that, it is going to be difficult to evict her as it seems she was his guest who he never told to leave. The trustee might need to get a court order for sale of the property [a petition for partition will likely cost more than $15,000 to obtain]. If your father-in-law moved out 8 years ago, why did the bank not call the loan. I think most reverse mortgages are only on a person's residence and are due upon sale or establishing a new residence. The trustee needs to speak to an attorney to figure out what can be done. That probably will include offering a "bribe" to her to get her out.
Answered on May 16th, 2016 at 5:38 PM

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Edwin K. Niles
The P/A is no longer valid because of Dad?s death. The person named in the trust as trustee must now take charge. The trustee can have her evicted. The trustee should be seeing a lawyer knowledgeable about trust administration.
Answered on May 16th, 2016 at 5:37 PM

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Hire an eviction attorney.
Answered on May 16th, 2016 at 10:21 AM

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