Q: Can a stepmother evict you from a property that was given to me after my father's death.
My stepmother gave me a property after my dad's death and now she is taking me to eviction court and the papers say possession only.
A:
I'm unsure of what you mean when you say she "gave" you the property. Did you receive a Deed to the property? I'm guessing not. If you were given a deed, then she would not be able to simply evict you.
Was the home held by your stepmother and father as joint tenants or tenants by the entirety? If so, then your stepmother would have inherited the home. If this is the case, then she allowed you to live there and can, in fact, evict you.
If your father and stepmother were simply tenants in common on the home, then his half would pass according to his will, if he had one.
As far as possession only goes, that simply means that she is not claiming any back rent. She's just trying to recover possession of the home.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
