Q: I am a beneficiary of my father's estate. My 3 siblings agreed to sell me his home at an agreed amount that is equally
Divided. My share is applied to the house, the remainder is split 3 ways. I have closed on the home loan and the title has been issued in my name. One of my siblings lives in the house with her husband, adult child, 3 grandkids and 4 cats. They are refusing to leave or look for any type of housing until they have received their portion of the probate settlement. They have boxed up the majority of my father's belongings but are not preparing their belongings to move. I purchased the house for an investment and it's in need of repairs due to my sister and her family lack of caring for it. I have a leassor for the house but need to start on the repairs. I have asked her and was told no. How do I get my sibling and her family out of the house?
A: If the home has been conveyed to you from the estate, and you are now the owner, then you can evict your sister. If there is no lease, then she is a month to month tenant, which can be terminated by either landlord or tenant at the end of any month by giving 30 days written notice. Notice given now would terminate the lease on April 30. So give her written notice, and if she is not vacated on May 1, then you can give her a 3 day notice to leave, and if not out, then you can file an eviction action. Use the Find a Lawyer tab to retain an attorney to assist you. Since its your sister, that might make it a bit less unpleasant to let the attorney do it. But you can do it yourself. Check your local court web site for the forms and process.
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