Intestate will with possible eviction?

[Amy Lynn]

Jurisdiction

Pennsylvania

My father is unresponsive and deteriorating. This was unexpected and he doesn't have a will. My parents are divorced and I am the oldest of his 2 adult children. He owns a trailer in a mobile home park and a former girlfriend is living there. My father was living there originally but got an apartment when she moved in and refused to leave. From what I know she pays the lot rent even though my dad owns the trailer. How do I get her out of there when he passes so I can deal with his estate and settle any financial obligations he has? I've never met or talked to her, but from what I hear I'm not expecting this to be an easy process. I don't care if she stays as long as she pays for the trailer, which I doubt will happen.

 

[Zigner]

If you wish to act on this after your father passes, then you will need to be appointed as the personal representative for his estate. Once you are so appointed, then you can act, as needed.

 

[Amy Lynn]

Thank you. What actions will I need to take to get her out?

 

[justblue]

Thank you. What actions will I need to take to get her out?

You will need to follow the Landlord/Tenant Laws for your state.

Overview of Landlord-Tenant Laws in Pennsylvania

 

[Tax Counsel]

Thank you. What actions will I need to take to get her out?

You give her the required notice to vacate the place and if she fails to get out in the notice period (15 days in Pennsylvania) you go to court for eviction. You will need an attorney for that. The estate pays the fees for the attorney.

 

[zddoodah]

How do I get her out of there when he passes so I can deal with his estate and settle any financial obligations he has?

After your father dies, you will need to apply to the probate court to be appointed executor or administrator of your father's estate. Once you have been appointed, you will be able to seek to evict the tenant. Depending on how long you think your father has to live, you could apply for a conservatorship or adult guardianship so that you could take action while he's still alive.

What actions will I need to take to get her out?

The best thing to do would be to hire a lawyer who does this all the time and knows the relevant laws inside and out. In my experience, it's not particularly expensive and will save you the hassle of trying to educate yourself about the process.