Q: What r my rights living in a family owned house in ga and the person on the living trust will is throwing me out
K I was served in jail a summons by the sheriff's dept but the summons came from a person that works at a local attorney's office that has the living trust to the property that my fiance and I have lived since 2016 my fiance passed away last oct and now I've been told that I had to leave. In the meanwhile their family has been in and out the house numberous times without my permission including checking my mail is it acceptable to use the sheriff's dept as a personal delivery boy when non of it came from the court house was told I can not go back in without a sheriff's deputy w me or I would be treaspassing which I have 3 days to answer the so called summons and have to contact them with in 24 hours after I get released help
A:
I'm sorry to hear about your difficult situation and the loss of your fiancé. Here are a few key points regarding your rights and next steps:
1. Serving a summons: Typically, a sheriff's department can serve legal documents on behalf of attorneys or individuals involved in a legal case. However, the summons should come from a court, not directly from a law firm.
2. Right to stay: If you've been living in the house since 2016, you may have established tenancy rights, even if you don't have a formal lease. The trust or property owner may need to go through a formal eviction process to remove you.
3. Illegal entry: It is generally not acceptable for the family to enter the house without your permission, as this could be considered trespassing or invasion of privacy.
4. Responding to the summons: If you have been served with a legal summons, it's crucial to respond within the given timeframe to avoid a default judgment against you.
5. Seek legal assistance: Given the complexity of your situation, it's highly recommended that you consult with a local attorney specializing in housing and estate law. They can review the specific details of your case and advise you on your rights and the best course of action.
You may be able to find free or low-cost legal assistance through local legal aid organizations or by contacting the Georgia State Bar Association for referrals. Remember, you have rights as a tenant, and it's essential to understand and protect those rights during this challenging time.
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