Q: Mom just passed away. Left me and siblings each 1/3 of house. Oldest brother moved his g/f in, how do I get her out?
I am the youngest of us 3, and I am named the Executrix in my moms will. I can't meet with an Estate Attorney until August 13 and found out my brother moved his girlfriend into my moms house with him. (She has her own key) He thinks he is owed everything and has lived there scott free for 7 years and is STILL living there for free and can do whatever he pleases. Please help...I need advice now!
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This is a fairly common scenario and the answer is always the same. First, you need to hire a probate attorney to assist you with getting the house retitled in the names of the three heirs. Discuss this with your attorney, but as executor, you may have the duty to eject your brother and his girlfriend from the home because you have the duty to preserve and protect the value of the property. Alternatively, he could sign a lease and pay market rent, but that would not be my first choice because it will be easier to sell vacant than with a tenant in place, usually.
During the proceeding you ought to be able to petition the court to order the sale of the home, but it depends on how the will was worded. If that doesn't work, then after the home is retitled you need to hire another attorney to assist you withe filing a partition action, which amounts to asking the court to order the sale of the home and splitting the proceeds.
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A: You need to retain a probate attorney in the County where the property is located. Then transfer the property from the estate to you and your 2 siblings. Then you can lease the property to your brother, voluntarily sell the property or file an action against your brother to sell the home and divide up the proceeds. Best of luck.
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