Break in and claimed squatter

[Davem84]

Jurisdiction

Colorado

Ok this is a funny one and i can use any and all help I can get. My grandfather is in the nursing home and a step cousin said she would live withy him and take care of him. So he was moved into the nursing home and she has put the home into foreclosure. She was taking half of his ss check up until January of this year then the nursing home finally started taking all but $75. But she has not made a payment on the mortgage since October. Her and her husband attempted to have a yard sale full of my grandpas personnel belongings and they were served a notice to stop. All utilities they have opened in my grandfathers name and ss number have been shut off one week prior to this notice to stop. They have now left the property. Now here is the kicker I get informed by the police yesterday morning about her daughter in law has broke into the home and moved a dog and cat in and is now claiming squatters right. The eviction is not official for 2 more days then they are supposed to submit the house keys to the local pd. I am not really familiar with squatters right but I can not comprehend how the police are called for a person breaking into a home through a window and because she has 2 animals with her it is considered legally squatting. In my mind this is telling me that I can break into a home as long as I have an animal with me and it is legal but that's a topic for another day. What I need help with is does this methhead actually have any rights to be in there? I know the property tax has not been paid and she has been in the house for roughly 24 hours. Also will the eviction notice give the right to remove her because she is the daughter in law of the woman that is being evicted? Any help is very much appreciated

 

[army judge]

No rights, as you and I consider rights.
The law doesn't allow a homeowner to use self help to remove most interlopers, especially squatters.

I suggest you seek guardianship of your grandfather.
You won't need it for medical reasons, although it can be helpful in dealing with end of life events.
It'll be of great value as the damage is revealed relative to your shyster cousin.

The current eviction against your cousin probably failed to list John or Jane Does.

If she fails to leave, she'll more than likely have to be evicted.
Vermin like the current roach tend to gut the premises, bit by bit, copper piping, metal, any scrap they can find and sell.

I suggest you forget keys, simply secure the premises by boarding and chain locking where you can.

What you want to do is shield grandfather as best you can from any lawsuits.

 

[Davem84]

Ok thank you sir. My mother does have poa of my grandfather. i will definitely use the board and chains to secure the place.

She was not named on the eviction notice. I was hoping that since she is the daughter in law it would cover all her family members also but I now know that was just hopes and dreams.

I am still lost on this squatter right. 15 minutes after she broke into the property and the police responded and she gets to claim squatter rights because of having two animals in there. But in my mind with that small amount of time I feel like that should still be considered breaking and entering. The property tax has not been paid and all utilities are off and she has done nothing to improve the property.

 

[txls]

What did the police say about her "squatter's rights?" It sounds nuts to me, but that's my opinion, not law.

 

[Davem84]

Just that she had squatter rights at this point. The police will enter the property with me Thursday morning and I have no idea what to expect with this.

Another family member has a loan secure to buy the house because he doesn't want to see his grandfathers house foreclosed on. But I need to have all housing occupants removed within a week so he can move his family in.

 

[army judge]

Ok thank you sir. My mother does have poa of my grandfather. i will definitely use the board and chains to secure the place.

She was not named on the eviction notice. I was hoping that since she is the daughter in law it would cover all her family members also but I now know that was just hopes and dreams.

I am still lost on this squatter right. 15 minutes after she broke into the property and the police responded and she gets to claim squatter rights because of having two animals in there. But in my mind with that small amount of time I feel like that should still be considered breaking and entering. The property tax has not been paid and all utilities are off and she has done nothing to improve the property.

Tell your mother she needs guardianship.
A POA is only valid when a person is alive.
If your gradfather passes, watch the rodents appear to do what rodents do.

As far as the cousin, its simple, but will take time.
Mother needs to formally evict her. In the interim, mother should begin the process of selling the home.
That way she can at least secure some money to take care of things for her father, just in case.

 

[Davem84]

Thank you sir. Since your dishing out such great advice for me I have one more situation i would like to ask. The squatters husband who is basically my grandfathers step great grandson was living with him when my grandfathers niece passed away.

She had no living relatives closer then him so the mortician gave my grandfather keys to the property. My grandfather was already in the process of giving my mom poa when this happened.

Long story short my mother hired a lawyer to do the research to find out who the property is supposed to be given to. Turns out it is a twenty person tie.

So during the week my grandfather received the keys the step grandkid took the keys from him and moved in the deceased relatives home. The yard sales began and lots property stolen.

I have taken possession of the home and boarded it up. I already know this is going to be a messy civil case due to the fact of almost $100,000 of property has been stolen. To include firearms which by law they cannot possess because of felonies.

My biggest question is how much can I pursue on the legal side of the matter? I have multiple people willing to write statements stating him and his wife were loading up the items from the home. I also have two people who talked to him and he told them he deserved all of that because he helped grandpa.

Sorry if you feel sick after reading this but it is only icing on the cake. But I figured I'd see if I can get anymore of your amazing advice

 

[army judge]

Thank you sir. Since your dishing out such great advice for me I have one more situation i would like to ask. The squatters husband who is basically my grandfathers step great grandson was living with him when my grandfathers niece passed away.

She had no living relatives closer then him so the mortician gave my grandfather keys to the property. My grandfather was already in the process of giving my mom poa when this happened.

Long story short my mother hired a lawyer to do the research to find out who the property is supposed to be given to. Turns out it is a twenty person tie.

So during the week my grandfather received the keys the step grandkid took the keys from him and moved in the deceased relatives home. The yard sales began and lots property stolen.

I have taken possession of the home and boarded it up. I already know this is going to be a messy civil case due to the fact of almost $100,000 of property has been stolen. To include firearms which by law they cannot possess because of felonies.

My biggest question is how much can I pursue on the legal side of the matter? I have multiple people willing to write statements stating him and his wife were loading up the items from the home. I also have two people who talked to him and he told them he deserved all of that because he helped grandpa.

Sorry if you feel sick after reading this but it is only icing on the cake. But I figured I'd see if I can get anymore of your amazing advice

Thanks for the flattery. LOL

Yes, situations such as you describe are troubling.

The buzzards are planning to come home to roost. LMFAO

I doubt that the prosecutor could successfully prosecute Ali Bubba and his 400 thieving cuzzins, but its worth reporting the matter to the police. One way or another, the police will have a useful answer.

You can also meet with your county prosecutor or district attorney. You'll probably see one if the assistants, but you'll also walk away with a clearer understanding of any criminal prosecution.

Finally, you might be considering a couple dozen small claims lawsuits against the James and Clanton gangs. Forget it. Why? Buzzards feed off of carrion and road kill. I'm guessing most of the items stolen have been sold on the street, or traded to the DOPE MAN for meth, crack, or oxyies.

The firearms might be able to get someone in deep trouble, if you can get descriptions, serial numbers, pictures, bills of sale, receipts of purchase, etc... The police could check local pawn shops to see if a buzzard pawned any of them. If one of the many felons did the deed, criminal prosecutions might ensue.

If you're energetic and lucky, you could do a little preliminary detective work, too. I'd let the cops do it, because they're better trained to do it and not scare the flock of felons away.

Death brings out the worst in many people doesn't it?