relative removal (by Tammy [MN]) Aug 9, 2009 7:31 AM|
relative removal (by Gloria [TN]) Aug 9, 2009 12:12 PM
relative removal (by Virden [OH]) Aug 9, 2009 12:15 PM
relative removal (by Reid [KS]) Aug 9, 2009 1:33 PM
relative removal (by Jody [MN]) Aug 9, 2009 2:09 PM
relative removal (by Tammy [MN]) Posted on: Aug 9, 2009 7:31 AM
State Specific Question About: MINNESOTA (MN)
What does my husband have to do to have his brother removed from his home? He doesn't pay rent, he was asked to keep up the utilities, and he has not done that. My husband said he could stay in the house if he finished the remodeling. but he has not that. He also, has not kept up the lawn or other things that where asked of him so that he had a place to stay. My husband is in florida working. The property was left to my husband and his brothers when she passed away. The older brother died 4 yrs ago in a motorcycle accident and the younger brother needed a place to go when he was released from jail after a felony, him and his older brother signed over their share of the property to our son because they did not want to pay the taxes or the upkeep of the propery. So can he just ask him to leave without any form of eviction notice. --24.179.xxx.xx
relative removal (by Gloria [TN]) Posted on: Aug 9, 2009 12:12 PM
You can always ask but it probably will not happen and is your husband going to be happy with this decision? Instead of keeping the utilities up you should have let them be shut off, too late now. I don't know your state laws so I can't help you, you might want to talk to a real estate lawyer. --208.252.xxx.xx
relative removal (by Virden [OH]) Posted on: Aug 9, 2009 12:15 PM
Take this one piece at a time, when someone does not pay rent we refer to the lease - this may be verbal - nothing can be done unless you can convince the judge the agreement exists. Next, the utility will shut off for non payment, and leave a credit mark - who will get the mark? Next, someone is not keeping an agreement to work inside or out, is it written? Anywhere? Who is she in this agreement? Next, the estate of the deceased will be probated and takes about a year - someone will have to pay taxes or the entire property will be auctioned off at a sheriff sale or tax delinquent sale, both are called auctions, highest bidder wins and you all lose. It seems like your son is actually the title holder responsible for paying taxes on this place, what he needs to do is present the occupant with a lease following your local and state laws - look upper left in blue lettering, if the occupant does not want to partake in being the tenant then you call the police and report you want to remove the trespassers and belongings - be ready to change the locks and put boards on the windows, return happens often and vandalism makes you cry. Sorry for the long post but the history of this seems futile when at the end of the day your son needs to partake in landlording classes - a lot can be gleaned here and in liars court where real evictions take place and look rather different from the made for tv style. --76.241.xxx.xxx
relative removal (by Reid [KS]) Posted on: Aug 9, 2009 1:33 PM
This is the down side of doing business with relatives . When it's bad it's awful.When relatives and Close friends are involved having things in Airtight Written agreements is more important than even to avoid misunderstandings and hurt feelings. --70.250.xxx.xxx
relative removal (by Jody [MN]) Posted on: Aug 9, 2009 2:09 PM
Do we understand you correctly that the brother-in-law living in this house is the same person as the one who jointly inherited the house from your mother in law (his mother) when she died, and then signed his share over to your son (which is his nephew)?
It sounds like this brother-in-law once had a legal claim to the property because of it being his mom's house. However, your husband and his brother probably both feel that the brother didn't get anything in return for signing over the house to your son. But ethically and morally, it sounds to me like he is entitled to live there for awhile until he has used up the value of his "share" of the inherited house.
For example, if the house was worth 150,000 and 3 brothers inherited, technically they are entitled to equal thirds of the value if it were sold. However, it wasn't sold, and one of the brothers has died. But the surviving brother (the felon you mentioned) is entitled to something. It sounds like your husband has decided to compensate him by allowing him to live there for free.
Technically, legally, you can probably evict this brother-in-law, however, a judge could very easily decide it was NOT a rental/ tenant situation, since your BIL is entitled to some kind of compensation.
If it were me, I would let him live there, pay the utilities, property taxes, and any other expenses until the brother in law has been fully compensated in a way he and your husband think is fair.
Or, has he already received a monetary amount? If he's fully compensated, then I would have your husband ask him to move out. I wouldn't start eviction until your husband is sure his brother will not leave voluntarily.