I have a sibling living in the family home who will not

So the executor is in charge of the house and the estate. It is not up to your brother to say who an enter the home at all. But you also have no authority unless your cousin consents to your entering.

I suggest you insist that the executor adhere to their duty to protect the estate and deal with your brother accordingly.

Does that make sense?

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You can't as you have no authority.

The executor can get an order for possession and have him removed.

An order of possession is where the court orders that someone who is unlawfully in a home must leave. When your cousin get this order they can have your brother removed by the sheriff or bailiff depending on the jurisdiction.

It is common law and there is no specific act.

Yes I am talking about the lawn busy. I am in Canada.

It is suing and their best next step would be to retain a litigation lawyer.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:
(###) ###-####or 1.***-***-****.

Normally it can take months but if the matter is urgent it can be done in about two weeks with an experienced lawyer.

I know he is mentally ill. But that isn't really relevant.

If the Will didn't give him a life interest he has no right to remain in the home. It has nothing to do with you staying in the home but what the will says.

If he is not harming the house then it is not likely urgent unless the executor wants to get the house ready to be listed for example.

It really depends on the facts.

Then there are the facts that should get the executor into court quickly for an order.

Is there anything more I can help you with at this point in time?

The executor has to apply to the court for an order allowing her to step down. It is often not granted once there has been work done and then there is a halt in that work.

So that doesn't make sense but you do have to go to court and get this worked out.

But, but please rate me now. I get paid once a month and if I am not rated by the end of the month I will have to wait another month to be paid for this work. So please rate me now.

Thanks

Is there anything more I can help you with at this point in time?