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NinaNan Posted February 11, 2024

Conservatorship, selling home. Mentally challenged 51 yr old nephew will not let CV inside wards home. What to do? Landlord tenant PW.

I’m conservator over my younger sister and need to sell her home. She’s paying home expenses and Foster Care 24/7 expense. Needs the home equity to continue 24/7 care.


 


Ex felon Son lives in her home rent free for 6 months and will not let me the CV, inside to asses the home and sister’s belongings per Probate court order. I’ve contacted attorneys but they don’t call back. So, I submitted 30 day landlord tenant PW to the son. Waiting 30 days, then go to court to have him evicted.


 


Steps to take - Any other advice?
Probate Court approval to sell home
Locate a conservatorship Realtor AND attorney
Put home on market


 


Has anyone encountered this challenge? Any advice is appreciated.

Zmom1940 Feb 28, 2024
Where have you high got to on this? Do you happen to live in Oregon? I'm in a complex situation and am Conservator and Guardian of my mom. Due to bad estate planning mom put me, my sister and my felon half brother on deed. Which has made it impossible to get in home care. I have been assaulted 5 times in the last month in Mom's house by sister and half brother, all sitting in District Attorneys hands, along with charges against brother for felon in possession two semi automatic 12 gauge 14 inch barrel shotguns that my half brother purchased online out of my mom's bank account and criminal mistreatment charges of Mom by my half brother sitting in District Attorneys hands that we could use at hearing because they are in District Attorneys hands. I need to get Mom moved into my house and judge to change deed back into only Mom's name for future care. If anyone has some resources or what forms to fill out please let me know.

Geaton777 Feb 12, 2024
When it comes to the end of the 30 days and he doesn't act like he's packing up to leave, I think you can then request law enforcement to escort him away, but I would research this to make sure. Eviction is a civil issue, not criminal and that's why they won't come until he's "trespassing", which is against the criminal law. Then once he's out you may want to consider a restraining order.

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AlvaDeer Feb 11, 2024
You will need sheriff or law enforcement to assess the home, and you will need to go accompanied by them and with someone to assess it there and then that day.
You also need an eviction attorney to get this man out of the house legally.
I can tell you right now that there is not enough love, money or anything else to make me take on this kind of guardianship. I don't see how it is humanly possible.

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