Colorado Springs, CO asked in Estate Planning and Probate for Colorado

Q: Mom & Dad passed away. 2 homes 4 siblings. 1 brother is living in 1 homew/other peole, need 2 sell how do you get him o

The brother has several people living in there & it's a mess. we can't find a will. There are no other known assets Mom passed away Nov. 2019. Can we legally get him out in order to sell the property. He is back & forth & both. We have changed the locks & he changes them. The people were homeless he has staying there. He will get his share from selling the house but have to get him out in order to repair & clean up from the damage they are causing. Thank you so much

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1 Lawyer Answer
John Hyland Barrett III
John Hyland Barrett III
  • Estate Planning Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: One option: Have one of the children file for probate and ask to be appointed personal representative of the estate. The PR can bring an eviction action if necessary. The PR can then sell the properties and administer the estate by paying any liabilities and distributing the proceeds among the heirs.

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