It depends on how the title on the deed to the house reads. If your mother's name is on the title (and not as a trustee or part of the title of a trust), then to take legal steps, you need to at least be court?appointed as the executor (or "personal representative"). If so, you will have one page orders called Letters Testamentary (or Letters of Administration, if your mother died without a will). Such is a court order that authorizes you and your brother to act on the estate of your mothering. This authority includes being able to sign a deed transferring the house out of your mother's name to you and your brother. If the deed on the house shows a trust as the owner of the house, being held for your mother's benefit and use, then the governing trust documents probably specify who is or should be the current trustee. If you and your brother are the title owners on a deed to the house that has been recorded in the real property records of the county where the house is, then you can take steps to evict your sister. If the house has not yet been deeded into your names, then the executor (or "personal representative") or the trustee, as the case may be, may take steps towards evicting your sister from the house. If your sister will not voluntarily vacate the house on your request, then you may evict her through the 'unlawful detainer' process. This begins by posting on the front door of the house a notice (with legal 'bells and whistles'). In it, it specifies that if they do not leave, then an expedited court trial (within 5?12 days) will be held and the court may order eviction. I've tried such a case for a property owner. The judge ordered the occupants to leave the property. It was the dead of winter. It was frigid cold (below zero temperatures at night). The occupants and their two little children were ordered to be out of the house within 48 hours of the judge ruling that they had no legal right to be or remain in the house.
Answered on Nov 14th, 2012 at 5:51 AM