I am the personal representative of my mother's estate and I'm wanting to sell the house while it's still in probate. However, one of my siblings lives there. There is a Will that says for me to dispose of her assets as soon after her death and to split it equally between us four siblings. My brother that lives there is wanting to purchase the house. I feel 100% that there is no way possible that he will be able to do that. I am wanting to get the house cleaned up and everything moved out and for my realtor to list it. My brother will not cooperate with me being able to do that because he's 100% sure he'll have the money to buy it (once he gets his credit score up a little more!). When I go over there with other family members that are wanting to help me, my brother follows us around and rushes us and even makes claims that nothing is leaving the house. CAN I EVICT HIM and HOW?!?!
Not only can you evict him, it is your duty to do so. File a suit for "wrongful detainer" in small claims or justice of the peace court (depending on what it is called in your state). If he does not comply, hire the sheriff to physically evict him and dump his stuff at the curb.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.