Legal Question in Landlord & Tenant Law in South Carolina
Eviction
Mother left home and property to her daughter fee simple. Brother (65 yrs. old) lived with Mother all his life in the home. Will has been probated. Will states that brother may live in home for one year from time of her death then he must vacate. Year has passed and brother will not vacate. What rights does sister have and how can she evict him? Sister wants to sell property and home but can't because Brother will not vacate.
1 Answer from Attorneys
Re: Eviction
Send him Notice to Vacate (vis Certifed Mail and Personal Service/Process Server). Give 10 calendar days to vacate. If he does NOT you will need to go to court with Will and have him Evicted just as a Tenant who has failed to pay rent.In the circumstances you would be wise to use an attorney from the local area.