Parents Passing, drug addict brother still in their home

[Halsted Hannah]

My father passed away recently, my mother still lives in the same house.

My brother lives in the driveway in a van, or in the backyard in the shed. He's been living like this for thirty years (heartbreaking my parents). He's a drug addict (Crack). He has been able to conjole, extort, or beg $20.00 a day or more for thirty years.

They have asked him many times to leave but he never will, being content to sit in his van all day every day except when he needs food or drugs, then he pounds on their door, comes in, slobbers as much food into his sloppy mouth as he can grunt in, all the while with a petulant attitude demanding money.

I am the executor of my parents will, there are 6 siblings with equal shares in the will.

My question is:
If my mother passes away, and my brother is able to move into the house and change the locks before I get there, will it become next to impossible to get him off of the property?
What can I do now to make sure he will not move into the house when she passes?
I have no sympathy for him he made my parents miserable and feel guilty in there last years.
We are in Northern california

 

[cyjeff]

And no one has called the authorities to have him committed because?

 

[Halsted Hannah]

brother addict

My mother is resisting calling the police, I've urgee her to many times.
She and my late father were 1rst class enablers and co dependents.
She replies, when I ask her to get rid of him, "even drug addicts are people," which doesn't help anyone.

 

[cyjeff]

My mother is resisting calling the police, I've urgee her to many times.
She and my late father were 1rst class enablers and co dependents.
She replies, when I ask her to get rid of him, "even drug addicts are people," which doesn't help anyone.

And your phone is broken?

Time for an "Unca Jeffy" talk.

You say your parents are enablers... but what are you doing? If your brother was sick and needed an ambulance and your parents insisted he didn't need one, you would call one from where you are, right?

This is no different. The hell with the money he poaches from your parents.... your brother is dying and no one is helping.

Call the police tonight before he dies, your parents die, or he, in a drug induced nightmare, does something everyone regrets...

Because no one would call.

 

[Dandy Don]

Does he have a job?

If he moved into the home he would have no legal right to do that. If he did that the executorl would need to consult an attorney experienced with landlord/tenant rights to get him evicted legally with proper notice. He will not be able to use the argument that just because he may be a heir that he can live there free of charge.

Have the heirs decided if the home is going to be sold or not?

If he wants to continue living on the property in the van and would agree (in writing) to go to rehab, might that not be a good way to show compassion and help him get back on his feet? Of course if he won't agree to go to rehab, then get him evicted off of the property and what he does with his life after that is his own business.

DANDY DON IN OKLAHOMA ([email protected])

 

[BlondiePB]

Does he have a job?

If he moved into the home he would have no legal right to do that. If he did that the executorl would need to consult an attorney experienced with landlord/tenant rights to get him evicted legally with proper notice. He will not be able to use the argument that just because he may be a heir that he can live there free of charge.

Have the heirs decided if the home is going to be sold or not?

If he wants to continue living on the property in the van and would agree (in writing) to go to rehab, might that not be a good way to show compassion and help him get back on his feet? Of course if he won't agree to go to rehab, then get him evicted off of the property and what he does with his life after that is his own business.

DANDY DON IN OKLAHOMA ([email protected])

Ummmm....there's no executor here yet. The mother (survivng spouse) is still alive and lives in the home.

 

[Dandy Don]

If your mother is not willing to evict him off the property, there is not much that can be done now, but you will know what to do after she dies.