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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27687
Experience:  25 years practicing attorney
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Older brother and younger brother lived together in deceased

Resolved Question:

Older brother and younger brother lived together in deceased parent's house. Younger brother recently disclosed a will giving the younger brother house. Younger brother took measures to wrongfully remove older brother from house. Examples are: removed main circuit breaker from electrical panel, changed locks, brought pit bull dog to home and commanded to dog to viciously attack. What aspect of estate and/or real estate law is this is violation of? What recourse does older brother have?
Submitted: 1 year ago.
Category: Estate Law
Expert:  David Kennett replied 1 year ago.
-Could you explain your situation a little more?
Was the will filed in probate court?
Was the property deed transferred to the younger brother?
Customer: replied 1 year ago.


The will had not been filed. There was no transfer of property. The property was still in name of deceased parent.

Expert:  David Kennett replied 1 year ago.
Dear JACUSTOMER - Until the will is filed and the estate administered with the deed being transferred neither brother has any right to the property. A will is not effective until it is probated and the assets are properly distributed. So the older brother had no right to do what he did but the younger brother has no claim of ownership to the property and legally is a month to month tenant. He can sue his older brother for any damages caused as a result of what his brother did if it caused harm to the older brother's personal property in the home but in the end the younger brother will receive the property through an estate. Of course it could be that the will is invalid and could be challenged by the older brother in the probate court. The older brother can open an estate and apply to be the administrator and force the younger brother to submit the will. If the will is ruled invalid then the brothers would split the property, assuming there are no other siblings. All of this can get quite complicated so I can only explain the overall situation. The older brother would very likely need the assistance of counsel if he wants to pursue the option of opening an estate and applying to be the administrator.
Customer: replied 1 year ago.


There was real estate law that was violated. Would this be considered a wrongful eviction? Who is liable? The estate, younger brother?

Expert:  David Kennett replied 1 year ago.
This would definitely be a violation of the eviction laws if the younger brother had actually owned the property however, as I said above, neither brother had a right to occupy the property since it was in the name of the parent. Someone would have to open an estate and get court authority to act on behalf of the deceased parent. Had that been the case then the younger brother, if he was appointed by the court as executor, would have been in violation of the law. As it is there were simply two persons living in the house with no authority for either one to be there. So no one violated any real estate laws since neither party was the landlord and they were simply month to month tenants. Therefore the older brother would have to sue based on damages suffered as a result of the actions of the younger brother. Since no one is the representative of the estate of the deceased parent no one is in actual control of the property.
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27687
Experience: 25 years practicing attorney
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