Q: Could my brother and I remove my other brother from the affidavit of heirship and have him evicted from my Mom's home?
A:
No. If he was born an heir, he is an heir.
If there is a landlord-tenant problem, please repost your question with more information under landlord-tenant.
A: Filing an untrue affidavit with the court, or recording a false document with the Clerk, can subject you civil and/or criminal punishment. A person either is or is not an heir, as inconvenient as that may be. Assuming the three of you are the only heirs and your mother was not married when she died, each of you has just as much right to occupy and enjoy the property as the others. You cannot evict an owner from his own property. What you may need is a suit for partition. where the Court can order your bad brother to buy you and your good brother out, or order the property sold and the proceeds divided among you.
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