Help

[MichelleR]

I need some advice on what I should do. I have been living at a residence for the past 11 months, my five year old and myself. I was a live in caretaker. The lady that I worked for passed away on December 5, 2008, her late husband had left an estate for her until she died which was the house and money to pay for the utilities. Upon her death the estate is distributed three ways going to the late husbands sons. Nobody has given me any type of notice to vacate, today I recieved a letter from the lawyer who is executor of the estate, telling me to leave by January 2, 2008. Is this the legal way of evicting someone? I thought that I would be notified with a notice of at least 30 days. I would appreciate any input anyone can give me. Thanks, Michelle

 

[ndragon]

Do you have a lease or some other contratual agreement with your late employer?

-Nick

 

[MichelleR]

Do you have a lease or some other contratual agreement with your late employer?

-Nick

No, there was no lease. Her daughter needed someone to come in the home and stay over nights with her Mother, which in turn would pay the rent. After, one month there daughter said that Mother needed someone to be with her at all times, and asked me if I could do that, plus get a paycheck. There was nothing said about what would happen if she passed away, which happened rather quickly, and unexpected. 16 days later after she passed the executor sends a letter telling me to be out in 8 days.

 

[Gail_in_Georgia]

Unfortunately, it appears from your posting that your living there was part of your payment for services and since your services are no longer needed, the executor is terminating you (which also involves terminating that you live there rent free).

Gail

 

[MichelleR]

Unfortunately, it appears from your posting that your living there was part of your payment for services and since your services are no longer needed, the executor is terminating you (which also involves terminating that you live there rent free).

Gail

Thank you , Gail

I do understand that part of it, and I am not expecting to live somewhere rent free, and am looking now for a new place for my son and I to live, just wondering if we have to go thru the legal process of this thru the courts or can an executor just toss us out?

 

[Gail_in_Georgia]

No; the executor cannot actually toss you out, remove your personal property, etc. without an order from the court.

The typical format is to notify the person living there that they have so many days/weeks to vacate the place. If they refuse, then the next step is filing in court to remove someone.

How long this takes depends on each state, when the hearing is set up in court, how fast or slow the court moves, etc..

Gail

 

[MichelleR]

Thanks, Gail! I really appreciate your help. That does make me feel better that at least I will have a little more time to get things in order for myself and son.