Q: I am the executor of my mothers will. She left a home to my brother with the condition that he pay property taxes
if he fails to do so he must surrender the house back to the estate for it to be sold and the money to be divided between the grandchildren. He did not pay the taxes and refuses to move out. I filed for an eviction, under the advisement of the lawyer that wrote the will, but when it went to court I was told that it needs to be filed in estate court. The lawyer has now ghosted me and I have no idea what papers to file to get him removed.
A: I am guessing that your filing was rejected because the estate did not own the property when you filed the eviction. By default, real property is not in the probate process unless specifically instructed to be under the will. You will need a lawyer to draft a special proceeding to bring the property into the estate. Once you, as the executor, hold the property in trust for the estate, you can evict your brother.
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