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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40972
Experience:  Texas lawyer for 30 years in Estate law
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My Mother passed away in May last year(2016) and in her will

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My Mother passed away in May last year(2016) and in her will left her estate to be equally divided divided between her four children. I am the youngest of the four children and my two older sisters and I signed a contract of sale for my older brother to buy our Mother's property using his share of the estate to help towards the finance of this contract of sale. My brother has since breached this contract of sale as he cannot get the finance and he owes the ATO a lot of money. He has however taken possession of the property and moved in although he does not own it and the title is still in the Executor's name(my eldest sister). Is he trespassing and what can we do to rectify this situation as he is taking advantage of utilities still being paid from the estate and living in our Mother's house.Look forward to your response.Regards
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

Sister would send him notice to quit and then file forcible entry and detainer.The executor sister here can send such notice.The lawyer for the estate should file the forcible entry and detainer suit.These are the nest steps to get him out here and sell the property to others.He has breached as you state and maybe evicted by the courts.Once that order is signed the sheriff will serve it and evict him.

I appreicate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 1 year ago.

If you can positive rate when we are done it is always much appreciated.Good luck to you here with all of this.

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