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