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lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25387
Experience:  Practicing attorney with expertise in easements
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I have a power of attorney over my mothers estate, which includes

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I have a power of attorney over my mother's estate, which includes her home. My brother who was recently released from jail has decided to take up residence in my mother's home. He and his girlfriend have been there for three days - how can I legally get him off of the property so work can continue on the house and it can be put up for sale?
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What is the situation with your mother? Is she still alive?

If she has passed, have you been named the executor of her estate by the probate court.
Customer: replied 3 years ago.

Yes, my mother has passed away and I was named executor of her estate by the probate court - since we could not locate a will, and she was not married, my brother, sister and I all signed paperwork for the appointment by the probate court.

Thanks, XXXXX XXXXX A POA ends at death is why I needed to ask. As the executor of the estate, you have the power to secure the house and change the locks. The problem is that the police do not like to get involved in a family dispute and they will not make him leave without a court order.

You asked

how can I legally get him off of the property so work can continue on the house and it can be put up for sale?

Unfortunately, the only legal way to get him off the property is to evict him through the District Court process. You will need to have him served with a written 30 day notice to vacate. If he does not leave, then you will have to file with the court and serve him with a summons and complaint. If he wants to he can drag out the court process if he wants to so getting him out could be a real problem.

I am sorry for your loss and it appears that your brother is going to be a problem so be very sure the consult with a local attorney if you have any questions about how to proceed with the probate process.
Customer: replied 3 years ago.

Even though he broke into the locked house to stay there, and has no "lease" he needs to be evicted? This makes no sense.

I understand but he is an heir to the estate and will be entitled to one third of the property. That is why the police will want a judge to sort it out. You can certainly charge his portion of the estate for any damage he causes to the property or even for the cost of an attorney to have him evicted so the house can be sold. Even in cases where the person is a "squatter" there can be problems getting them out. There was a highly publicized case in Florida not long ago and there have been similar problems in California where people have just moved into vacant homes. Florida even had to pass a new law to try to deal with the problem. The only legal answer to your situation is the eviction process.
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