Legal Question in Wills and Trusts in North Carolina

Can I evict someone from my moms mh that wont leave as she just passed away and I have to have mobile home repossessed? I have no leagal papers stating that I am her rep.


Asked on 12/17/11, 7:33 pm

1 Answer from Attorneys

If you have no papers, then the answer is no. Did your mother have a will? Have you or anyone else applied for letters testamentary (if there was a will) or letters of administration (if there was no will)? Unless you are the sole heir, there is no will and probate is not justified as your mother had no assets or there were no debts, then you are going to need to apply for letters beforee you can take action.

Why are you having the mobile home repossessed? Repossessed from whom? Not enough information is provided about what is going on. Did the person occupying the home have a lease? Have they failed tor pay rent? Try reposting your question with a few more details in order for the attorneys to better assist you. However, I think you will need letters before you can take any action. Once obtained, then you can bring an eviction proceeding if need be.

There is no self-help evictiion in North Carolina. Even if this is a tenant by sufferance, you can ask the tenant to leave and if they refuse, then you can take them to court.

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Answered on 12/19/11, 9:59 pm


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