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Loren, Attorney
Category: Estate Law
Satisfied Customers: 34092
Experience:  30 years experience in the practice of estate law.
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We have 3 of us in our family. Our mother passed away almost

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We have 3 of us in our family. Our mother passed away almost 2 years ago. My sister stepped down as executor and I recently became the executor of the estate. I am trying to sell the estate which is now in probate. Here is my problem. My brother lives in the house in question. He has lived there prior to my mothers death. There is a will that states that everything is to be divide into thirds. he has no job and hasn't worked for almost 8 years. He is behind on utilities. My sister and I have been paying for the estates attorney's fees and a third of the property taxes and insurance. He now thinks the property and everything left in the house is his. I want to evict him so we can move on and sell the estate. Can I do this legally?

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Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

My condolences on your mother's passing. I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

Yes, as executor of he estate, you have authority to administer the assets and stand in to assert ownership rights, including the right to evict your brother from the house, just as you would any other month to month tenant. That means you will need to give written notice giving your brother a month to leave. He also owes rent to the estate based on market value.

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Customer: replied 4 years ago.

One quick question if he still does not get out what can I do legally?

Thank you for following up with me.

You can file a forcible detainer in the name of the estate to get an order for possession and then have him evicted.

Thank you.

Loren and other Estate Law Specialists are ready to help you