Can other siblings kick one out of house and change locks etc.? 2 Answers as of October 12, 2015

One sibling has lived in house and took care of now deceased dad.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Oliver & Duncan | Donald E. Oliver
We would need a lot more information in order to answer this question. For instance, we would need to know (1) what person, persons or entity owns the home; (2) is there a will or testamentary trust that directs what happens to the house after Dad passed on; and (3) what was the reason the sibling that was caring for Dad got thrown out. When somebody dies, that family cannot just divvy up his stuff however they want to. When you die, the disbursement of the estate (the dead person?s property) is determined by the Will and/or testamentary trust. If there is no will or testamentary trust, someone in the family has to file a probate action in the local court and serve all the other parties that are descendants or other heirs of the person who died. In that action, the court will receive testimony as to what the estate contains and who should get it. Normally, all descendants share alike unless there is an heir who did bad things to the dead person or has special needs that would cause the court to award that person a larger share of the estate. If there is a will, the named personal representative is responsible for distributing the estate to the heirs but there are certain legal steps that have to be taken if the estate exceeds certain amounts or there are disputes among the heirs about who gets what. I recommend that you consult with a local attorney who does will and trust work to get a better idea as to what you should be doing now.
Answer Applies to: Oregon
Replied: 10/12/2015
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Someone needs to petition to be named personal representative (or administrator) of your Dad's estate. Once named by the court, that person will have the authority to deal with all the assets, including the house.
Answer Applies to: Oregon
Replied: 10/7/2015
Click to View More Answers: