QUESTION

Can I evict a sibling from my deceased parents' home?

Asked on Nov 20th, 2015 on Estate Planning - California
More details to this question:
First of all, my mother and father did not have a will. There are six siblings and two of them live in the house. My brother is addicted to drugs and the living conditions for a child or anyone is impossible. My sister and her eight year old son has been sleeping on my couch for the last week. I've been helping with the bills myself and last night I tried to talk to him but he went nuts on me calling me names and everything. He had other addicts there, he eats the kids food, and doesn't contribute financially. The problem is that we want to keep the house so my sister, who suffers from epilepsy, has a place to live. Can we evict him and keep the house? Letting it go is not the answer I want to hear. I want to take the necessary steps to become executor and get him out, if possible.
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4 ANSWERS

Edwin K. Niles
You should see a probate lawyer ASAP. When you are the administrator of the estate you can get them out.
Answered on Dec 01st, 2015 at 3:27 AM

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Admiralty / Maritime Attorney serving Monrovia, CA at The Law Office of Nathan Wagner
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You can petition the court to be named executor. As executor, you could have him evicted. You would also have to charge your sister rent for living in the house, and you would eventually have to divide the house and your parents' other assets equally among your siblings. You should talk to a local probate attorney, who can help you file a petition to be appointed executor.
Answered on Nov 30th, 2015 at 6:00 AM

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At this point, you have no ownership rights so can not evict him. You need to file for probate [if property was community property, you can cut costs perhaps by just filing for the parent who died last] and ask the court to appoint you administrator, with as many of your siblings as possible agreeing. Once appointed, you can demand your brother pay rent to the estate and then serve him with a three day notice when he fails to, then filing suit for unlawful detainer. You will need your siblings to agree to waive their right of inheritance, as the house will be split up equally among the living children and the heirs of any deceased siblings. At that point, however, your brother will be a part owner of the house and will have the right to live there without paying any rent, so you will need to buy out his interest if he insists on going back to live there. He may not know the law so might not try to go back in once evicted. Spend a few hundred dollars to speak to a local probate attorney to find out what they think ios the most effective approach. You can read some Nolo Press books, available at your local library to get some idea of the process.
Answered on Nov 30th, 2015 at 5:59 AM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Obtain a probate lawyer immediately to file a petition to probate the estate and have you appointed as administrator; then you will have the power to evict your brother.
Answered on Nov 27th, 2015 at 6:26 AM

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