[FL] Can I remove a violent relative from my late mother’s home?

Lexi, Chatbot

I’m really sorry to hear about your mother’s passing and the difficult situation with your uncle. Can you tell me if you are currently living in the house that belonged to your mother?

Lexi, Chatbot

Have you already taken any legal steps, such as filing a police report or seeking a restraining order against your uncle?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they will be able to help with your housing situation.

Queeneth E. Esq

Hello and welcome to our service. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First, I need to ask you a few questions to give you the best answer. Kindly note that our conversation does not establish an attorney-client relationship.

Can you please tell me which state or country you are located in? Was your uncle living in the house with your mother’s permission, or was he staying there informally?

Queeneth E. Esq

I haven’t been able to reach you to address your legal question. I can provide a general answer through the chat box. If you require more information, feel free to ask.

Do not move your uncle’s stuff out on your own right now unless you already have a court order giving you exclusive possession of the home, or police or court officials specifically tell you to do that.

In Florida, self-help removal of an occupant’s property is generally not allowed except after a lawful eviction or other lawful recovery of possession. Florida’s statute says a landlord cannot remove a person’s property from a dwelling except after surrender, abandonment, recovery of possession due to the death of the last remaining tenant in a narrow circumstance, or a lawful eviction.

There is a second reason not to self-help this: when someone dies, the house does not automatically become yours to control just because you live there. In Florida, the personal representative of the estate generally has the right to take possession or control of the decedent’s property, except for protected homestead, and real property may be left with the person presumptively entitled to it only if administration does not require otherwise. (FL Stat § 733.607) That means your right to decide who stays, who goes, and what happens to belongings may depend on the estate, probate, and title, not just on the fact that your mother died and your uncle is not “on the name.”

The fastest legal path is usually the violence case, not the property fight. In Florida, family or household members can seek a domestic-violence injunction, and the Legislature specifically says the court should recognize that safety may require immediate removal of the respondent from the joint residence. (FL Stat § 741.30) Florida injunction materials also show that the clerk or family-law intake staff can help with the forms and point you to local domestic-violence programs.

So your first steps should be:

1. Call law enforcement immediately if he comes back or threatens you, make sure the assault report exists, and contact the clerk of court today about the injunction case.
2. If you already have a temporary injunction and cannot get to the courthouse for the final hearing, tell the clerk that and ask about remote appearance, continuance, or victim-assistance help. Florida’s injunction process is designed so people can file without a lawyer, and the clerk or intake staff can help you get the paperwork moving.
3. If the judge gives you an order excluding him from the house or awarding you exclusive use and possession, then you are in a much safer position. Without that order, physically moving his belongings out could create a new problem for you even if he assaulted you.

Is there anything else you would like me to explain or any additional information you need? Feel free to ask.