Q: My parents passed away in 2004, I am the executor to the will and the house was deeded to myself and 3 siblings.
I have paid all the taxes and insurance since 2004 myself. In 2012 my sisters grandson moved into the house with no written lease, only verbal agreement. He was aloud to live in the home rent free for two years, at the end of the two years rent would be due in the amount of $500.00/month. He has paid -0- since he has lived there. Are all signatures from my siblings required for eviction?
A: Your question is unfortunately unclear. If the house still remains in the estate, you, as Executor, can act alone. If the estate was closed out and the property was actually deeded to you and your siblings, the fact that you were the Executor is irrelevant. If the house was deeded, the next question is whether you own the house with your siblings jointly, with rights of survivorship, or if you own the house as tenants in common. If you own the house as tenants in common, each sibling could file an ejectment (eviction) action for that sibling's share, which would effectively force the grandson out of the whole property. If you own the house jointly, all of the siblings must act together or not at all. The alternative would be for any sibling to bring an action to force a sale of the property. This could be done irrespective of whether the home is owned as tenants in common or joint tenants. You need to consult a lawyer to sort through this.
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