QUESTION

Can a sibling being evicted from deceased parents home?

Asked on Nov 20th, 2015 on Trusts and Estates - 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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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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If he has an ownership interest in the house, then he cannot be evicted by an unlawful detainer action.  The proper action would be for ejectment. You'll need to go through the probate process to be appointed as the administrator of the estate and to pass the house to the siblings. This is not a DIY project.  You need an attorney to take care of this for you.
Answered on Nov 25th, 2015 at 8:23 AM

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