Tempe, AZ asked in Family Law and Landlord - Tenant for Arizona

Q: What will need to be done to get my two brothers out of mom's house when she passes, or before if needed?

My two brothers have lived with my parents for a number of years now. Dad passed a couple years ago, and mom is in failing health. They both have substance/drug problems, mental issues(?), and have been pampered/enabled their whole lives. Neither is self-sufficient, and would be homeless unless they make arrangements, but they have made no attempt to do so. They pay nothing towards bills, and actually usually get mom to give them a little money that she doesn't even have. When mom dies or can no longer live in the house it will need to be sold to satisfy the reverse mortgage. Also no funds to keep utilities on.

A lawyer told me that I can just call the police and have them removed because they don't really have rights (no contract, no rent, no dollars being contributed), but a police officer told me they won't displace them from an established residence so I will need to go through an eviction process.

P.S. One has a girlfriend that I would like to remove sooner.

I am POA / executor

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Arizona

A: You state that you are "POA / Executor." If by that you mean that you have full POA for your mother and her affairs then you should be able to undertake eviction proceedings against everyone in the house except your mother (sorry, the girlfriend is every bit as much a "resident" as your siblings if she has been an invited guest for an extended period of time). You should consider how this will affect your mother and what her wishes are and I would recommend you discuss this with her before taking action to get your siblings evicted.

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