Q: Can you evict someone on behalf of a homeowner that is currently incarcerated?
A close friend of mine is incarcerated, since he has been in jail his father has moved into his house without his permission. He is trying to rent the house out in order to keep it up and have the taxes paid. The house is paid off. He asked me to go to the magistrate and file an eviction notice for him on his father. Can I do that? And if so how would I go about that? Also he says the house is in his name because he inherited it when his grandmother passed in 2022. But when I look it up it still lists his grandmother as the owner and has someone else as the authorized representative of the will. I'm not sure if it's in probate or what's going on with that.
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A: Your friend is probably not the owner. Hire a SC attorney to search the title and determine heirship. Heirs are the owners. Then they can determine if possession should be sought, but the father is probably an heir.
A:
To answer your initial question, no, you cannot file an eviction for your friend unless you are his attorney. Also, like the other answer says, your friend probably isn't the record owner of the property if the public record still lists his grandmother. Even if the grandmother had a Will that left the property to your friend, it would still have to go through the probate process and a deed of distribution would have to be recorded to transfer ownership.
If your friend believes he was to inherit this property, he needs to contact an attorney to help him.
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