Legal Question in Landlord & Tenant Law in Virginia

Eviction -No Formal Agreement in Place

My husband's father recently passed away. Up until his death, he allowed his daughter from his first marriage and her daughter to live with him. After his death, his wife is the remaining surviving owner of the home and she has NOT given these individuals permission to be there. She resides in a nursing home and must sell her home in order to remain eligible for Medicaid. They have been back in the home for close to 60 days. What is the quickest, legal way to have them removed so we can proceed with selling the house?


Asked on 3/23/07, 4:11 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Eviction -No Formal Agreement in Place

Eviction, through proper legal process.

Assuming that your husband's mother retains sufficient mental competence to execute a special or limited power of attorney, she could do so in favor of her son(your husband) which would authorize him to undertake the legal proceedings necessary to have these personae non gratis evicted from his mother's home.

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Answered on 3/23/07, 7:07 pm


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