St. Petersburg, FL asked in Landlord - Tenant, Real Estate Law and Criminal Law for Florida

Q: What name can an eviction begin under if property owner is deceased? Thank you.

Thank you for reading my question. A family member has died. He owned a commercial property. There has been a criminal on the property for several years that needs to be evicted. The property has not been transferred yet to the beneficiary of the estate. Can a letter asking criminal to vacate be sent with the name of original property owner even though they have passed? Can an eviction be started with the name of the original property owner even though that person has passed? If not what name should be used for the letter and eviction? Many thanks for your advice.

1 Lawyer Answer
James Clifton
PREMIUM
Answered

A: The eviction will take place in the name of the personal representative of the estate of the deceased. The personal representative has the authority to oversee the property of the estate and make financial decisions on behalf of the estate until the estate has been settled.

Schedule a free consultation to make sure the property rights of the estate are preserved.

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.