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Neibour storage in my garage

Discussion in 'Other Residential Landlord & Tenant Issues' started by Destiny Davis, Apr 5, 2020.

  1. Destiny Davis

    Destiny Davis Law Topic Starter New Member

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    Hi, I'm Destiny. My mom passed away and she had a house. There is 2 other heirs but probate hasn't been gone though yet. I currently live in the house while the other 2 don't. My neighbor was using our garage for storage. There was no lease and he wasn't and still don't pay rent. I asked him to remove his items. The items completely fill the garage to the point that we can not even open the door. The roof is about to fall in. I have to rent a storage unit every month due to not having the garage. What can I do?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Did your Mom leave a will? Did she nominate an executor or representative of her estate? If yes, that person has to open probate quickly and take control of the assets. That person would be court confirmed as representative of the estate and have the power to demand that the neighbor remove his stuff or be evicted and the stuffed removed and disposed.

    If no will, then one of you siblings will have to go to court and be appointed representative of the estate.

    Nothing changes until there is a court appointed representative of the estate.
     
  3. zddoodah

    zddoodah Well-Known Member

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    Please explain what this means. I assume it means one of the following: (1) someone has filed to probate the estate, but the probate process has not yet concluded; or (2) no one has yet filed to probate the estate. Which is it? When did your mother die? Did she leave a will? If so, who is the person nominated in her will to serve as executor of the estate?

    Why?

    I'm confident that you know your abilities better than anyone here. What you ought to do depends on how you answer the questions I asked, but consulting with a local attorney would be a good idea.
     
  4. army judge

    army judge Super Moderator

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    You could write a letter to the person who stores junk in the garage and ADVISE him to contact you within SEVEN days to discuss the removal of his stuff.

    You should also advise him of your mother's death and that the property is going to be owned my NEW parties pursuant to your mother's will.

    See what happens after you have given him the letter.

    Once you know, make another post with what he agreed to do and when he agreed to do it.

    Make sure YOU put the agreement in writing and that he and YOU sign and date the agreement.
     

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