We became executors of my wife's deceased brother in April of this year. Her brother passed in 2017, and his significant other has continued to reside there but paid no bills resulting in foreclosure and auction notices. Squatter reached out to use with the foreclosure info. We obtained attorney and went through the legal process of executor. We planned to sell the home and distribute the proceeds to the brothers five children who really need it. Home is worth approximately $275k. WE have expended about $10k to stop the foreclosure and in legal fees. The squatter refuses to leave claiming covid. We have avoided eviction to save her record as well as do to the moratorium per the Governor. In August, we legally sent a 60 day notice to squatter that the home would be sold. The date of exit was 10/19/20. She is refusing to leave. She is not effected by Covid, as she is on SSDI. There is no tenant lease of any kind. She continues not to pay any bills, taxes, mortgage etc.
If there is no lease, she is a guest and subject to a request to leave and to eviction at any time. Get a JP court order and have the sheriff evict her pursuant to that order. Meanwhile, if it is consistent with your duty as executor (meaning that there will be no mold, etc.), consider cutting off the utilities.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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