I see from your earlier post that you will be able to transfer the
property
to the heirs without probate. Therefore there will be no executor. So as
soon as you become the owners you will have standing to sue for eviction.
You should use the 30 day (or whatever number is proper in Indiana) period
for a non-breach eviction. That's true even if this person may have been
a
guest at sufferance and have no possessory rights (like a hotel guest, or
visitor who won't leave). The reason you should give the person the 30
days, and use the unlawful detainer procedure, is that it's fast and
certain. If you try to evict under some law about guest at sufferance (or
whatever it's called in Indiana), and fail, then you are right back to the
30 day notice and unlawful detainer situation, after wasting X days.
Oh, one more thing. You should get the title transferred ASAP so that you
will have the right to go in and protect the personal property from theft.
McGyver
Dad lived in the house too. I've allways had free access to the house and
have removed much of dad's stuff of any value. The guy is not disputing my
access. Dad always said the guy stold from him. I'm trying to get all my
ducks in a row to do the transfer but I feel like to do this right I have to
inventory every last little thing that dad owned down to the smallist item.
I'm still grieving the loss of my father and I wish this would all go away.
