Successfully Evicted Caretaker Refusing to Leave Late Mother’s Home

Losing a loved one is never easy. However, the experience can be especially hard on an estate’s personal representative, given that this appointment often asks someone in mourning to handle many logistical tasks and make important decisions on behalf of the deceased. 

To some degree, a personal representative can expect unexpected situations to surface when settling a loved one’s estate. However, manipulation from a caregiver whose responsibilities have ended can take the bereaved by surprise and complicate an already emotionally charged situation. 

In this matter, a live-in caregiver and friend of the deceased refused to leave the property after their services were no longer needed. Our client, the daughter of the deceased, was named the personal representative of her late mother’s estate. Part of her duties as the personal representative of her mother’s estate was to manage the property. However, the caretaker’s ongoing tenancy added uncertainty to our client’s ability to fulfill her legal obligations. The caretaker never signed a lease, nor were they paying rent or utilities. 

Our client tried taking the caregiver to probate court. When that didn’t work, our client served them a notice to terminate tenancy, which the caregiver ignored. When the situation seemed hopeless, she turned to Robinson & Henry’s landlord-tenant attorneys for guidance. 

We reviewed the initial notice served and found some slight inaccuracies that could have jeopardized our client’s case. Colorado eviction law is extremely strict, and we didn’t want to leave anything about this matter up to chance. We redrafted the notice and re-served the caregiver, citing irreconcilable differences as the legal and factual basis for the eviction. 

When the tenant refused to vacate the premises by the afforded deadline, we sought a forcible entry and detainer (FED) lawsuit against the tenant. The lawsuit requested the tenant to file an answer or appear before the court to defend their right to tenancy. The tenant did neither, enabling us to file a motion for a default judgment, which the court granted. 

With a writ of restitution issued, permitting the county sheriff’s involvement entered after the default judgment, the caregiver had no choice but to vacate. Ultimately, our client compromised with the caregiver outside the courts. We withdrew from the case and the caregiver moved out for good shortly after. Now our client is closer to concluding her duties to her late mother’s estate.