My father passed away in Decemeber. My brother and I are the only persons in the will (50/50.)
The 2 PR's (my father's friends) refused to be PR over the estate, so ti was passed on to me (my brother is a convicted felon.) I live in Canada, but hired a lawyer immed. after my father's death.
As of now, my brother is living in the house, and slowly destroying it. He has sold alsmot everything in it, the car has been impounded in another County, and I'm losing my mind. My lawyer says I cannot evict my brother because the property is Homesteaded, which gives him 50% right to live there. He said we cant' have him arrested for theft of the car (the car is new) nor can we have him arrested for the furniture theft.
My brother refused to allow me to send repair persons over, and he refuses to allow me to send over my real estate agent.
The only thing I can do according to my lawyer is go to court, where a Judge can either order that I A) Can sell the house through a real estte agent or B) The Courthouse will sell the house (and we will get nothing for it.)
Is my Lawyer right? I cannot believe that he can possibly be right. Can I collect back rent?
I tried called around and nobody in the area will take my case (switch lawyers.) Tthey won't touch it and keep telling me it sounds like a nasty mess.
Please give me advice. I'm hurting so much here, and I cannot believe legally as PR and 50% owner of the estate that I can get taken for such a ride.