Dealing with a Squatter During Probate

Dealing with a squatter during the probate process can be legally complex and challenging. A squatter is someone who occupies a property without legal right or permission, and resolving this issue during probate requires careful legal steps. As an experienced Folsom probate lawyer, I sometimes have to work with clients who are dealing with a squatter on the deceased’s property.  Here are some key steps to consider:

1. Understand the Probate Process: Before taking any action, it’s important to understand the probate process in your jurisdiction. Probate laws can vary significantly, and knowing the applicable rules and procedures is crucial.
2. Verify Ownership: Ensure that the property in question is part of the deceased’s estate and is subject to the probate process. 
3. Secure the Property: If it’s safe to do so, secure the property to prevent further unauthorized entry or potential damage. Changing locks or boarding up the property might be necessary. Be sure to follow local laws and regulations for securing vacant properties.
4. Contact Law Enforcement: Inform local law enforcement about the squatter and the situation. They may be able to advise on the best course of action and provide support in case the squatter refuses to leave.
5. Legal Notice: In many jurisdictions, you’ll need to serve the squatter with an eviction notice. The specific notice requirements and eviction process will depend on local laws, but it typically involves filing a formal eviction lawsuit.
6. Court Action: If the squatter does not vacate the property after receiving the eviction notice, you may need to initiate a legal eviction process through the courts. The court will decide the case based on the evidence presented.
7. Police Assistance: If the court grants an eviction order, local law enforcement can enforce it and remove the squatter. This process may take time and legal procedures, and the timing can vary depending on the jurisdiction.
8. Document Everything: Keep thorough records of all communications, notices, and actions taken regarding the squatter. This documentation can be essential if you need to present evidence in court.
9. Consider Mediation: In some cases, mediation may be a less confrontational way to resolve the situation. A mediator can help facilitate a discussion and agreement between you and the squatter, possibly leading to a voluntary departure.
10. Stay Compliant with the Law: Be sure to adhere to all relevant laws and regulations throughout the process. Attempting a self-help eviction (e.g., forcibly removing the squatter or cutting off utilities) can lead to legal trouble for you.
11. Probate Court Approval: Depending on the specifics of the probate case, you may need to obtain approval from the probate court for actions related to the property, such as selling it. Consult with your probate attorney to determine the necessary steps.

Conclusion

Dealing with a squatter during the probate process can be complicated and time-consuming. It’s essential to work closely with a Folsom attorney who specializes in probate to navigate the legal process effectively and ensure the lawful resolution of the situation. If you have any questions about probate and squatters, contact Thapar Law at 916-579-0605 or send us a message.