Legal Question in Wills and Trusts in Wisconsin
Deceaseds' house occupied, is eviction necessary?
My mother lives in Wisconsin & has lived with a gentleman for the last 8 years. He died last week & while he promised to leave her something, apparently he did not.
His daughter took his safe & personal papers from the house while my mother was gone. She claims to have found his will & put it thru probate.
She showed up last night & told my mother she had to leave & could not take any of her own possessions(which she has receipts for, paid with by moms own VISA card).
Does she have to be evicted or can the executor just toss her out with just the clothing on her back? I would think if she has receipts for her own things she should be able to take them?
Thank you.
2 Answers from Attorneys
Re: Deceaseds' house occupied, is eviction necessary?
The executor will need to go through eviction proceedings, generally self-help remedies are not allowed. This will only delay the removal of your mother from a house she does not own. It will not allow her to stay indefinitely. It is a shame that she never insisted that her "friend" specifically include her in his will or other estate planning. As to the personal possessions, she should take all that she can absolutely prove are hers. The executor may try to recover these items through litigation, but if she can prove ownership, she will prevail. For more info, please contact my office at (248)851-3171.
Re: Deceaseds' house occupied, is eviction necessary?
The difficulty will be in what the local police do. The daughter will have the court papers and your mother has nothing. The police may tell the daughter to go to the landlord tenant court and get an order of eviction. It is a bad thing to put an older woman through. If I were you, I'd just get her out of there and file a small claims suit (or replevin or similar action) to get her personal stuff. William S. Stern
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