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Brother won't move out

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cjmahr

Junior Member
My brother and his two kids have lived with my Mom at her house for the past 19 years. My Mom passed away in July 09 and my brother won't leave the house. The will is in probate and the executor has been appointed. My brother committed to being out of the house by 11/30/09 but is still there. The executor keeps giving him more time to get out. There was/is no written agreement between my Mom and brother stating that he could stay. What are my options?
I live in California.
 


Zigner

Senior Member, Non-Attorney
My brother and his two kids have lived with my Mom at her house for the past 19 years. My Mom passed away in July 09 and my brother won't leave the house. The will is in probate and the executor has been appointed. My brother committed to being out of the house by 11/30/09 but is still there. The executor keeps giving him more time to get out. There was/is no written agreement between my Mom and brother stating that he could stay. What are my options?
I live in California.
Talk to the executor.
 

Dandy Don

Senior Member
Why do you want him out? Who inherited the home and is it going to be sold or not? Executor is the only one with legal authority to get eviction proceedings started, but why would the executor want someone to continue living there?
 

Zigner

Senior Member, Non-Attorney
Why do you want him out? Who inherited the home and is it going to be sold or not? Executor is the only one with legal authority to get eviction proceedings started, but why would the executor want someone to continue living there?
Perhaps the executor doesn't want the house to be unoccupied?
 

cjmahr

Junior Member
The house was left to my brother, my sister, and myself. The house is to be sold once it's vacated. She (the executor) believes my brother will leave on his terms. She says it could take until February if she does an eviction notice. What rights, if any, does he have with nothing in writing. My brother is not speaking to me and changed the locks on the house shortly after my Mom passed away. Before that I had keys to get into the house.
 

Zigner

Senior Member, Non-Attorney
The house was left to my brother, my sister, and myself. The house is to be sold once it's vacated. She (the executor) believes my brother will leave on his terms. She says it could take until February if she does an eviction notice. What rights, if any, does he have with nothing in writing. My brother is not speaking to me and changed the locks on the house shortly after my Mom passed away. Before that I had keys to get into the house.
Is the brother paying rent?

Also, why would you want to sell the house NOW? It seems very unwise to sell in the current market environment.
 

cjmahr

Junior Member
No, the brother is not paying rent now and he never has. I know the timing on selling the house in not good but the executor has the right to sell with our without notice.
 

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