brother thinks he owns the house

[sbrewski]

What is the name of your state (only U.S. law)? CA
My dad past away in April. My brother lived with my dad all of his life and he is 50. I am the executor. I have buyers for the house but I can't entertain any offers until I get him out. Do I have to give him 60 day notice? Is there a place I can look it up? I have been unable to find the answer. I got letters of testamentary October 5, 2009. I have been making house payment since April and paying utilities. He got an attorney because he has a drug induced paranoia. My dad had the house. My brother took anything of value my dad ever had. I can't prove what he had because I live 600 miles away and my brother stole from my dad and he always had the garage locked like a fortress. My brother lies about everything. Thank you What is the name of your state (only U.S. law)? CAWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Dandy Don]

You need to consult with a landlord/tenant/eviction attorney. Proper notice must be given to the resident; otherwise if you make a mistake in the notification the resident will be able to stay there perhaps a month longer. If you have not already informed him that the house is going to be sold, please do inform him so that he can have advance warning and try to make plans to live elsewhere.

Does the will allow for the home to be sold? If not, you may want to consult with a probate attorney to find out if you have proper legal authority to sell the home without the other heir's consent.

 

[sbrewski]

Thanks for your reply. I can sell the house. I was told I could file a citation with verified petition to get him out. He has never paid anything and I am out of money to keep paying. I am even paying the utilities because I was told I couldn't turn them off. I don't want to take any offers on the house because I am afraid I won't be able to get him out. I spent 2 weeks just going to the dump with 6 other people because there was so much stuff there. It has been a llittle over a month and it is piling up already. He is a nuisance. Any thoughts on the california judicial councel form DE122?
Thank you

 

[Zigner]

Seems to me that the brother is part owner per the intestate succession laws in California...