Can Trustee remove someone from Estate

[levidenum]

What is the name of your state (only U.S. law)? OR

My Aunt died almost 20 years ago. Her sister was in charge of the will and never started probrate. Her brother took care of the Aunt while she was still living up until she died. He stayed in the house after my aunt passed away, he is listed as getting 1/6 of the Estate.

Now the sister has started probate and forced the brother to move out of the home. Not by anything legal but by harrassment and threats. She is demanding rent of $700 a month for the last 20 years. She claims that her lawyer says that she can remove the brother from the Estate since she is in charge of it.

She also is not letting the other brother and sisters who have a 1/6 interst in the property on the land. Claims they will be arrested if they come there. No one is living in the house and all family members have items stored in the barn. She first agreed to let them get their items, now is refusing.

Main question, can she remove the brother from the estate without going to a judge?

We think the aunt is bi-polar, can we get her removed as executor?

I hope I am using the correct terms What is the name of your state (only U.S. law)?

 

[tranquility]

She can evict him by legal process.

You may have grounds for removal of aunt as trustee.

See an attorney.

 

[levidenum]

Remove from an Estate

I'm sorry I think I wrote by question too confusing What we are trying to figure out is if the sister can remove the brother from the Estate so that he will not receive his 1/6 share when the property is sold. She has no reason other than he lived there without paying rent, no one had ever asked him to leave.

 

[anteater]

What we are trying to figure out is if the sister can remove the brother from the Estate so that he will not receive his 1/6 share when the property is sold.

Only if the brother lets it happen.

Therefore, brother should begin lining up an attorney to represent him now.

 

[Dandy Don]

She can not legally remove him as she has no legal grounds to do so. Brother does not need an attorney right now. He can look at court records that she files to see if he is listed as a heir on a heirship report--if he is not listed, then he will need to consult an attorney to assert his rights.

Someone needs to inform her that she can not charge him for rent if there was no signed rental agreement in place previously.

DANDY DON IN OKLAHOMA ([email protected])