Kenneth V Zichi's answer If you BOTH own the house, then no, you probably can't evict him. You MAY be able to partition the house, and sell if he won't buy you out, but the details of what you can and cannot do are far too complex to get into in a forum like this. You need to both
1) Complete the probate of the house (it sounds like you haven't done that yet) so the home is owned by you and your nephew rather than the estate, and
2) then figure out what can be done to resolve the situation with the...
Kenneth V Zichi's answer This isn't really a matter of 'opinion' ... if there are assets that are in your father's name alone at the time he died, then probate is necessary. If a LAWSUIT in which the estate had an interest is ripe (wrongful death, etc.) then probate is necessary.
If there are absolutely NO assets in your dad's name or in the Estate's control, then probate is not necessary. You don't go into the specific facts needed to judge for sure, but I'd ask the attorney WHAT asset needs to be probated...
Kenneth V Zichi's answer There are MANY requirements when filing probate from handling final tax returns, to filing a 1041 (if necessary) and insuring all the appropriate publication notices and creditor notices are filed etc.
EACH STATE has different requirements, and unless you are familiar with them you'll be likely to 'miss' something which could cost more and add delay to the process of winding things up.
You CAN try to do this on your own, but it generally saves hassle (and frequently money) if...
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