Legal Question in Real Estate Law in Missouri

My father died & his girlfriend will not move out of his house. The house has a lien on it & his name is the only name on the loan & deed. How can we get her to move out?


Asked on 11/09/09, 1:52 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Right now she is the tenent of a dexeased landlord. Once the property passes through your father's estate ( or otherwise) that person can evict her. If a probate estate is opened for your father, the Personal Representative of the estate can evict her,l unless the will says otherwise.

Good luck

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Answered on 11/14/09, 7:26 pm
Keenan Post Post Warren Lindstrom, LLP

I would suggest that a petition to appoint a personal representative of your father's estate be filed as soon as possible in the county in which your father lived at the time of his passing. The personal representative will then have legal authority to deal with the residence and related issues. I would do this soon before she has time to make any changes/improvements to the real estate for which she will claim reimbursement, etc. Best of luck.

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Answered on 11/16/09, 5:09 pm


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