Posted on: 05th Jul, 2011 11:29 am
My father quit claimed his home to myself and my brother before his death. There was an understanding that his wife (our step mother) could stay in the home until she could no longer keep up the property. Our step mother is 83 and can no longer maintain the property and the home is falling into disrepair. Having a quit claim, how do we remove the step mother fairly and legally?
Is she on title to the property? Do you live in a community property state? If the step mother has no ownership rights to the property, and you are the rightful owner, then you should make arrangements for her, with her consent. You would not want to throw her on street, I hope, so present something to her that would benefit you all. If she has no rights to the property and will not leave, then you would need an unlawful detainer to evict her from the property.