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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27689
Experience:  25 years practicing attorney
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My sister has been living with my Mom for over 20 years rent

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My sister has been living with my Mom for over 20 years rent free. Mom passed away a year ago and in the trust the house was left to her 9 children. Most of us are in agreement that my sister needs to move out so that the house can be sold. One of my brothers wrote her a letter on behalf of the family stating this, however she says she cannot find anything. She is not a trustworthy person and writes her siblings bad checks or "just doesn't pay" her part of the insurance or anything. We really did not want to go through the process of evicting her, but see no other way. Any ideas would be helpful
Dear JACUSTOMER - I am assuming one of the children is also named as the trustee of your Mom's trust. If the property is titled in the name of the trust then the trustee has the power to sell the property and would not need the signatures of any of the other siblings and would also have the power to evict the sister who is occupying the property or allow the new owner to handle the eviction after the sale. In any event, the only way to force anyone out of a property where they are legally living is to file for an eviction. I understand that this is not what you want to do but legally there simply is no other way to force her out if she refuses to leave. If the property is not owned by the trust but is in the names of all the siblings then the process is a bit more complicated as it would require a partition suit to be filed so the court could force a sale of the real estate. If your sister's name is XXXXX XXXXX deed then she cannot be legally evicted since she would have a right to be on the property as an owner.
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Customer: replied 4 years ago.
How do you go about partioning?
If the deed is in the names of all the siblings then any one of the siblings can file a suit in the local county court where the property is located and ask for a "partition" of the property and the court will then order the property sold. It is a somewhat complicated legal procedure and it is likely you would need the assistance of counsel in order to prepare all the proper documents. If the deed is in the name of the trust then the trustee can sell the property without the consent of the beneficiaries unless there is something in the trust that says otherwise.