Eviction after probate..

[cadman]

G'day Lads and Lasses,
Has anyone evict people from house and land after receiving letter of Probate.
What steps were taken?, How long did it take?, Did yo have to go to court to have people removed and take possession of property ?
I await comments for the learned (from experience and non-experienced). I understand the law is one thing, but I dealing with the lawless who feel its there God given right to hold onto what is not theirs .

[88sins]

Op, look the best advice and experience you can get.

Hire
A
Lawyer

You're welcome.

[timelapse]

I accustomed to seeing eviction by cutlass, so I really don't know

[Redman]

OP
There is a process.

That must start with 88s advice,
and may end with timelapse advice.

If yuh end up using timelapse advice- take 88 advice again.

[Cantmis]

Op is your family , be nice.

[The_Honourable]

Letter of probate by itself don't mean anything in eviction.

Legally, eviction can only be done via a Court Order. If you do the contrary, you would be held liable. There is the "remedy of self help" doctrine but that mostly applies for a trespasser or someone failing to pay rent (and even that can be tricky).

You need to give some more detail. Was the deceased the owner of the property? are you now the property owner via title? Are the persons you are trying to evict live in a house? or are they multiple tenants on a property? are the persons family members especially of the deceased? how long they living there?

At the end of the day, speak to an attorney for guidance.

[DMan7]

I think people need to seriously consider screening their tenants before allowing them to rent property from you else you would end up with more threads like these.

[cadman]

Letter of probate by itself don't mean anything in eviction.

This, could not find a straight answer anywhere.

Was the deceased the owner of the property?

Yes

are you now the property owner via title

Yes

are the persons family members especially of the deceased?

No but I am.

how long they living there?

2005

Are the persons you are trying to evict live in a house?

My fathers house, they met it there, electricity in my name since forever..., they cant change it...

oh well, another 4 years of wait on the Courts of T&T.

[RedVEVO]

Letter of probate by itself don't mean anything in eviction.

This, could not find a straight answer anywhere.

Was the deceased the owner of the property?

Yes

are you now the property owner via title

Yes

are the persons family members especially of the deceased?

No but I am.

how long they living there?

2005

Are the persons you are trying to evict live in a house?

My fathers house, they met it there, electricity in my name since forever..., they cant change it...

oh well, another 4 years of wait on the Courts of T&T.

Honorable advice is OK .

Since you are the owner NOW - You need to assert YOUR ownership via a legal plan.
You should give the tenants a 30 days " Notice to Quit" and follow an attorney's advice .

Is 2005 the year you got title ? Or since the tenants were installed ?
Is it jointly owned or you own it outright and YOU have clear and clean title ?

If you are collecting "rents" you will need to stop collecting it since it will show your intention of
obtaining possession of the property .

The fine print is that it may be the primary home of the tenant so this will be considered by the Court .

However in the final it's your property NOW and the Courts will give you the vacant ownership via eviction .

[timelapse]

After doing all of that^
DC/RC from T&Tec.However , this will require some $, because the house will need inspection again and you will have to get it up to standard.Dont reconnect the electricity until they are gone.

[The_Honourable]

Letter of probate by itself don't mean anything in eviction.

This, could not find a straight answer anywhere.

Was the deceased the owner of the property?

Yes

are you now the property owner via title

Yes

are the persons family members especially of the deceased?

No but I am.

how long they living there?

2005

Are the persons you are trying to evict live in a house?

My fathers house, they met it there, electricity in my name since forever..., they cant change it...

oh well, another 4 years of wait on the Courts of T&T.

Nah it don't take so long. What usually happens is some attorneys take their cool time to file and serve docs. Once it reaches court you can claim interest and damages.

If they have been living there since 2005 and have been paying rents, you issue them a Notice to Quit. The notice can be done by you but preferably an attorney. The notice must give the tenants 30 days to leave and it can be issued by registered mail where they have to sign off on it to receive it, or preferably it can be served by a private individual like a baliff or an off duty police officer who well then do a statutory declaration stating that the letter was delivered with the date and time. If you serve it, they can always claim they never got it.

If they have not been paying rents for some reason since 2005, they will argue adverse possession. I twice dealt with persons who claimed adverse possession and they loss.

Every case has its nuances that can give persons an edge so i suggest you speak to an attorney. You can PM me if you wish for advice as i'm a private individual that deals with land matters all the time and I deal with a lot of attorneys for advice and action.

[VII]

OP
There is a process.

That must start with 88s advice,
and may end with timelapse advice.

If yuh end up using timelapse advice- take 88 advice again.

[Chimera]

Op, look the best advice and experience you can get.

Hire
A
Lawyer

You're welcome.

Thats normally good advice except yuh really doesn't know who's a good lawyer and who taking yuh for an expensive ride

[cadman]

boy, ah bailiff tell me $25k for eviction.. lol. he doing. everything...
few moments later...i hired a lawyer..
will update thead at a later date

[De Dragon]

Disconnecting electricity may seem like an unduly harsh move before it goes to court.

[cadman]

Disconnecting electricity may seem like an unduly harsh move before it goes to court.

I think thats the step before eviction buy cutlass

[88sins]

Disconnecting electricity may seem like an unduly harsh move before it goes to court.

I think thats the step before eviction buy cutlass

Nope, that's the move you make to waste money.
You gonna spend on money on disconnection fee, and then in court, and then on reconnection.

[timelapse]

Truper have cutlass for around $100

[cadman]

Truper have cutlass for around $100

Nah you want a genuine cane cutting gilpin with the broad and curve end. And must have the 3 seam at the handle.. you need maximum coverage area for back and backside..in other words.. a proper planass..

[timelapse]

Truper have cutlass for around $100

Nah you want a genuine cane cutting gilpin with the broad and curve end. And must have the 3 seam at the handle.. you need maximum coverage area for back and backside..in other words.. a proper planass..

Wood handle wrapped in bicycle tire rubber?

[The_Honourable]

boy, ah bailiff tell me $25k for eviction.. lol. he doing. everything...
few moments later...i hired a lawyer..
will update thead at a later date

Bailiff can't do anything without a court order. Take in this judgement that reach papers:

https://trinidadexpress.com/news/local/ ... 60b18.html

[cadman]

[Wood handle wrapped in bicycle tire rubber?

yes. reduce shock to fingers.

[daring dragoon]

remove the front and back doors from the apartment and cut the water and light and leave them so. or move cool and say you go renovate how they can stay how long they want and just move the roof or part of the roof and say money done and they will have to move.

[hover11]

boy, ah bailiff tell me $25k for eviction.. lol. he doing. everything...
few moments later...i hired a lawyer..
will update thead at a later date

Bailiff can't do anything without a court order. Take in this judgement that reach papers:

https://trinidadexpress.com/news/local/ ... 60b18.html

X3000


Ppl think a baliff could raid someone's home just like that , it dont work vikey vike like that, they must have a court order or a judgment in their possession to carry out their duties.

[AbstractPoetic]

Letter of probate by itself don't mean anything in eviction.

This, could not find a straight answer anywhere.

Was the deceased the owner of the property?

Yes

are you now the property owner via title

Yes

are the persons family members especially of the deceased?

No but I am.

how long they living there?

2005

Are the persons you are trying to evict live in a house?

My fathers house, they met it there, electricity in my name since forever..., they cant change it...

oh well, another 4 years of wait on the Courts of T&T.

Nah it don't take so long. What usually happens is some attorneys take their cool time to file and serve docs. Once it reaches court you can claim interest and damages.

If they have been living there since 2005 and have been paying rents, you issue them a Notice to Quit. The notice can be done by you but preferably an attorney. The notice must give the tenants 30 days to leave and it can be issued by registered mail where they have to sign off on it to receive it, or preferably it can be served by a private individual like a baliff or an off duty police officer who well then do a statutory declaration stating that the letter was delivered with the date and time. If you serve it, they can always claim they never got it.

If they have not been paying rents for some reason since 2005, they will argue adverse possession. I twice dealt with persons who claimed adverse possession and they loss.

Every case has its nuances that can give persons an edge so i suggest you speak to an attorney. You can PM me if you wish for advice as i'm a private individual that deals with land matters all the time and I deal with a lot of attorneys for advice and action.

Very helpful information. Thank you so very much. Currently trying to deal with a situation. Will have to reach out to you, if that's okay.

[matix]

OP
There is a process.

That must start with 88s advice,
and may end with timelapse advice.

If yuh end up using timelapse advice- take 88 advice again.

[The_Honourable]

Letter of probate by itself don't mean anything in eviction.

This, could not find a straight answer anywhere.

Was the deceased the owner of the property?

Yes

are you now the property owner via title

Yes

are the persons family members especially of the deceased?

No but I am.

how long they living there?

2005

Are the persons you are trying to evict live in a house?

My fathers house, they met it there, electricity in my name since forever..., they cant change it...

oh well, another 4 years of wait on the Courts of T&T.

Nah it don't take so long. What usually happens is some attorneys take their cool time to file and serve docs. Once it reaches court you can claim interest and damages.

If they have been living there since 2005 and have been paying rents, you issue them a Notice to Quit. The notice can be done by you but preferably an attorney. The notice must give the tenants 30 days to leave and it can be issued by registered mail where they have to sign off on it to receive it, or preferably it can be served by a private individual like a baliff or an off duty police officer who well then do a statutory declaration stating that the letter was delivered with the date and time. If you serve it, they can always claim they never got it.

If they have not been paying rents for some reason since 2005, they will argue adverse possession. I twice dealt with persons who claimed adverse possession and they loss.

Every case has its nuances that can give persons an edge so i suggest you speak to an attorney. You can PM me if you wish for advice as i'm a private individual that deals with land matters all the time and I deal with a lot of attorneys for advice and action.

Very helpful information. Thank you so very much. Currently trying to deal with a situation. Will have to reach out to you, if that's okay.

Sure! don't mind helping out a fellow tuner.