Can I evict a sibling from my deceased parents' home? 5 Answers as of December 01, 2015

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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Law Ofices of Edwin K. Niles | Edwin K. Niles
You should see a probate lawyer ASAP. When you are the administrator of the estate you can get them out.
Answer Applies to: California
Replied: 12/1/2015
Law Offices of George H. Shers | George H. Shers
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.
Answer Applies to: California
Replied: 11/30/2015
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
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.
Answer Applies to: California
Replied: 11/30/2015
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
Since your parents did not have a will, who inherits their property is then determined by the intestacy laws of the state. Each state's intestacy laws vary as to who the heirs are, so you would need to determine what they are for their state. Usually when both parents are deceased, the persons next in line to inherit would be the children. Since there are six children, each would be entitled to a one-sixth interest in the house. If the house were to be sold, then each child would be entitled to one-sixth of the net sales proceeds. If the house is kept, then each child who resides in the house would be required to pay fair market value rent for occupying the house and each of the six children is entitled to one-sixth of the rent. No child is entitled to live in the house rent free or at a reduced rent unless all of the other children agree to that arrangement. Since there is no will, there is no named executor of the estate. Any person can apply to become the administrator (the same as an executor when there is no will) of the estate and can be appointed by the probate court. However acting as administrator has many responsibilities, will likely require a bond be posted and the administrator is answerable to all of the heirs for their actions and cannot take an action which benefits less than all of the heirs of they do not otherwise agree. Lastly, title to the house will have to be transferred out of the names of the deceased parents. You cannot just sign their names to a deed and transfer title. It will likely take a court order in a probate proceeding. You would be well served to consult an experienced probate attorney who can review the particular facts of your situation and properly advise you.
Answer Applies to: California
Replied: 11/30/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
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.
Answer Applies to: California
Replied: 11/27/2015
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