Can an heir living on the property be evicted?

[tavia]

Florida

I was appointed as the personal representative to my Mothers estate, she passed away July 2013. (there was no will that I found, but she always told me she had one.) I have 2 brothers. One brother was living off her for the last 6 or so years and was living there when she passed.

We haven't finished probate yet and and since then, he has totally trashed and caused a lot of damage to the property. He lives there rent free.

Can we (me and my other brother) legally evict him?

I wanted to point out that he did move out 4 months after she died,( even had a change of address filled out at the post office.) and has been living away from the house for about 5 months, but now has since returned. I had the locks changed , so he literally had to break in to get in. he was even seen by neighbors removing the refrigerator, and washer and dryer. These appliances were to be sold with the house.

Wouldn't it be my duty as the personal representative to evict him to protect the estate and avoid any further damage he will most certainly cause?


I already have quite a bit invested in the estate, I had to put vacant dwelling insurance on it, (which is very expensive btw) I have had the place landscaped and I still pay someone to take care of the lawn work, I paid off all the utility bills and had to put deposits down to have them transferred into my name and have been keeping the bills paid.

 

[ecmst12]

When he broke in and stole the appliances, why did you not contact the police?

 

[tavia]

When he broke in and stole the appliances, why did you not contact the police?

I live out of state, a neighbor called me and I immediately called the police. They told the neighbors "he has every right to be there". I dont see how he has the right, he moved out then after 5 months came back, break in, and remove items that are to go along with the estate.

 

[ecmst12]

I think you need to act quickly, if this just happened he's trespassing, if you let him stay to re-establish tenancy you will have a much harder time of it. Getting an attorney involved is going to be necessary.

Is his name on the deed though? Or is it still in your parents' names? If the house is in his name then the police are right, he DOES have every right to be there regardless.

 

[tavia]

I think you need to act quickly, if this just happened he's trespassing, if you let him stay to re-establish tenancy you will have a much harder time of it. Getting an attorney involved is going to be necessary.

Is his name on the deed though? Or is it still in your parents' names? If the house is in his name then the police are right, he DOES have every right to be there regardless.

no, his name is not on the deed. they said all he has to do is tell someone (like a neighbor) that he is going to be moving in (which he did) and he has squatters rights. but dont I have the legal right to evict him?

 

[anteater]

You realize that he is a co-owner now, right? Title vests in the heirs as of the date of death.

Have you retained an attorney?

 

[Tavias brother]

Why is he NOT in jail?

How can someone take anything that is not nailed down, and not go to jail?

 

[tavia]

You realize that he is a co-owner now, right? Title vests in the heirs as of the date of death.

Have you retained an attorney?

yes I have an attorney who informed me (when I retained him) that YES, my brother can be evicted once I was appointed personal representative. my brother did move out and lived somewhere for about 5 months, where he promptly wore his welcome out and then moved back into my Mothers vacant home. when I called the police and after they said he had squatters rights, I called my lawyer and I have not heard back from him about this. Did my lawyer give me bad info?

p.s. Tavias brother is in fact my other brother

 

[Tavias brother]

He is a scumbag not a family member!!!

He might have had something to do with my Mother's death!

 

[Tavias brother]

Why can't we evict my brother from the house now?

My sister and I need to evict my brother before he does anymore damage to the house, and steals anymore appliances.
If someone is out for themselves they should not have the right to live at the property, we should be able to evict him if our 2/3rds outweigh his 1/3rd, we should have some say on who should live there or not.

 

[Zigner]

...we should be able to evict him if our 2/3rds outweigh his 1/3rd, we should have some say on who should live there or not.

That's not the way it works. Maybe you can kick him out of your (plural) 2/3 of the property, but he gets to stay in his 1/3 of the property. Now, how do you divvy that up? See how messy that can be?

 

[Tavias brother]

Its not messy if he stays out of the house, all he cares about is himself, he destroys everything and everyone he touches

That's not the way it works. Maybe you can kick him out of your (plural) 2/3 of the property, but he gets to stay in his 1/3 of the property. Now, how do you divvy that up? See how messy that can be?

 

[Zigner]

Its not messy if he stays out of the house, all he cares about is himself, he destroys everything and everyone he touches

Ok. Good luck.

 

[anteater]

If the attorney is not getting back to you, I suggest that you retain another attorney.

I would also suggest that you give law enforcement one more try. If the police actually mentioned "squatters rights," they don't know what they are talking about. If that fails, you will have to go the eviction route.

And... You do have my sympathy. Having to deal with a deadbeat heir is an arduous task.

How can someone take anything that is not nailed down, and not go to jail?

Since he hasn't been arrested, that is a rhetorical question.

If someone is out for themselves they should not have the right to live at the property, we should be able to evict him if our 2/3rds outweigh his 1/3rd, we should have some say on who should live there or not.

Co-ownership is not a democracy.

 

[Tavias brother]

Everytime we call the police they inform us he has every right to be there, they seem angry that we bothered the police, even though they have been called there before

If the attorney is not getting back to you, I suggest that you retain another attorney.

I would also suggest that you give law enforcement one more try. If the police actually mentioned "squatters rights," they don't know what they are talking about. If that fails, you will have to go the eviction route.

And... You do have my sympathy. Having to deal with a deadbeat heir is an arduous task.



Since he hasn't been arrested, that is a rhetorical question.


Co-ownership is not a democracy.