Can executor of an Estate kick someone out of the house

[kacaju]

Long story short. I have 3 brothers. Myself and 1 brother are co executors of my mom's Estate when she passes (hopefully not for a long time.)in the event when it does happen and another freeloading brother is living there rent free (has no name on anything) can we kick him out of the house so we can try to sell it?

Not to go into too many details...but my co executor brother went to mom's house recently and freeloading brother has the house smelling of alcohol and smoke. His room is nasty (SIL saw it as she was helping my Mom with something)

Bottom line this got us talking and we said if something happens we would just have to kick his butt out so we could then clean the place to sell it.

I was just wondering if it is possible or would it become a legal nightmare.

PS...lets not even go into why my Mom is allowing this...that is a whole other long story

 

[tlbwriter]

If your brother doesn't end up owning any portion of the house, I'm sure you could start eviction proceedings. You might want to become familiar with the law in your state - it could get tricky.

 

[The Mystery Machine]

Long story short. I have 3 brothers. Myself and 1 brother are co executors of my mom's Estate when she passes (hopefully not for a long time.)in the event when it does happen and another freeloading brother is living there rent free (has no name on anything) can we kick him out of the house so we can try to sell it?

Not to go into too many details...but my co executor brother went to mom's house recently and freeloading brother has the house smelling of alcohol and smoke. His room is nasty (SIL saw it as she was helping my Mom with something)

Bottom line this got us talking and we said if something happens we would just have to kick his butt out so we could then clean the place to sell it.

I was just wondering if it is possible or would it become a legal nightmare.

PS...lets not even go into why my Mom is allowing this...that is a whole other long story

I can top that....

You can join my sister and BIL. They have POA right now. MIL is living at sister's/BIL while they care for her as she is dying of cancer. She will be there almost 1 yr in June.

SIL who is now banned from my sister's house is 40+, no job, mentally ill, house is full of dog piss, poop, smoke, falling apart, etc.....Police have been called numerous times since my sister's SIL is threatening her. She is in psychosis and dangerous.

Anyway, they are going to be the executors of the will (God help them).....

From what I can tell so far it will depend on the wording in the will AND the financial state of the person.

BIL FINALLY looked over the will and basically it stated that the house goes to crazy SIL and in prison rehab BIL.
The mother owes on the property. These people are not going to be able to assume the loan or pay it off (we assume, who knows how much cash crazy person has squirreled away).

Now if she can come up with the money to assume the loan my sister and BIL can let that go however if she cannot they will have to liquidate the property as per her will it states that assets can be liquidated to pay off debt.

So, if that happens they will have to formally evict her to the letter of law and I am sure it is will ugly and I am not looking forward to this. I fear for my sister's life.

Obviously it is not going to go smoothly and I have no idea how it REALLY will play out.

So yes, you will have to go about this with police, lawyers, etc...

 

[It'sWDW4me]

Sorry that your mother is enabling this behavior from your brother.

As tblwriter mentioned, unless he is a partial owner or mom leaves the house outright to your brother living there, the estate would need to evict him. That can take a while depending on the state where the house is located.

 

[tlbwriter]

And if he does end up partially owning the house, and can't or won't buy out the other owners or move out, you may have to force a sale. Again, I would check your state's laws so you can be prepared when the time comes.

 

[MickeySP]

This is the reason my Mom put me on her deed. The house passes to me as joint owner.

 

[becpee]

I don't know if the laws in the USA are the same as in Australia but over here the loser brother would probably be able to contest the will and take 1/3 of the estate even though the will states he doesn't get a part of it.
Not only that but he would also be able to put a caveat on the home so that nobody can sell it or do anything to it.

 

[It'sWDW4me]

And if he does end up partially owning the house, and can't or won't buy out the other owners or move out, you may have to force a sale. Again, I would check your state's laws so you can be prepared when the time comes.

Lightbulb! Deeds are public information, I believe. You can find out exactly how the deed is worded so you can know now if he's a partial owner. At least you could start getting prepared.

OP, for your and your co-executor brother's sake, I hope Spongebrother Liquorpants isn't on the deed. Evictions take time but a forced sale takes time AND money.

 

[It'sWDW4me]

I don't know if the laws in the USA are the same as in Australia but over here the loser brother would probably be able to contest the will and take 1/3 of the estate even though the will states he doesn't get a part of it.Not only that but he would also be able to put a caveat on the home so that nobody can sell it or do anything to it.

We don't know what the will states, though. It may be that OP and her one brother (as co-executor's) are in charge of liquidating everything and then splitting the proceeds 4 ways (op has 3 brothers). Freeloading brother may inherit 1/4 or whatever of the estate but the executors would need to get him out of there in order to clean and then sell the house.

 

[tlbwriter]

I don't know if the laws in the USA are the same as in Australia but over here the loser brother would probably be able to contest the will and take 1/3 of the estate even though the will states he doesn't get a part of it.
Not only that but he would also be able to put a caveat on the home so that nobody can sell it or do anything to it.

In the U.S. you can contest a will but I don't believe it's usually successful. You'd have to prove that the will was forged, or that the deceased was not in their right mind when they wrote it, or something along those lines.

Lightbulb! Deeds are public information, I believe. You can find out exactly how the deed is worded so you can know now if he's a partial owner. At least you could start getting prepared.

OP, for your and your co-executor brother's sake, I hope Spongebrother Liquorpants isn't on the deed. Evictions take time but a forced sale takes time AND money.

But the deed isn't the last word - if he's in the will (or if there is no will) he can end up as a part owner even if he's not currently on the deed. Also, if there is no will, or if the will is not written in specific terms, there will be a long waiting period before anything can happen.

 

[Praying Colonel]

I don't know if the laws in the USA are the same as in Australia but over here the loser brother would probably be able to contest the will and take 1/3 of the estate even though the will states he doesn't get a part of it.
Not only that but he would also be able to put a caveat on the home so that nobody can sell it or do anything to it.

Most states in the US don't have "forced heirship" rules like this for children.

OP, probate law differs from state to state, and anytime you're dealing with real estate things have to be done just right. I recommend that you retain counsel in your state at the appropriate time to assist you with probating your mother's estate.

 

[DisneyChula]

Lightbulb! Deeds are public information, I believe. You can find out exactly how the deed is worded so you can know now if he's a partial owner. At least you could start getting prepared.

OP, for your and your co-executor brother's sake, I hope Spongebrother Liquorpants isn't on the deed. Evictions take time but a forced sale takes time AND money.[/QUOTE]

I would definitely be pro-active and contact a lawyer to ask questions. I would also look into what the local and state laws are regarding this. There might not be any, but it's better to be prepared. I work for an apartment management company and I've learned the best thing that you can do is document EVERYTHING - his destruction of the property, behavior towards neighbors, etc. The more documentation that you have the more ammunition you have. Hopefully it doesn't come to the point where you will need it!

 

[MickeySP]

Spongebrother Liquorpants

This is why my Mom put me on the deed!!
I am soooo stealing this for descriptive purposes!!!

 

[kacaju]

thanks everyone. He will be entitled to 1/4 of the Estate when the time comes. I know this will someday be a nightmare to deal with.

Spongebrother Liquorpants...... love that!!!
He is not on the deed at all...he was not even supposed to move in with Mom when she bought this place....then of course was only gonig to be there a short time...

 

[disneyfans95]

We had similar situation. 5 of us siblings, one sister living in house with no job/money.

The house was worth a ton of money and no way sister could pay a month worth of the taxes. No intent to leave so we had to force a sale, which was what the other 4 of us wanted.

Just stupid all the effort. She got her 1/5 of a huge sale and made enough to get a small place and live off that. Yet we had to jump thru legal hoops to force the sale so we could get to that point.

 

[JessicaR]

Is there a trust? Are your mothers wishes on a will or other legal document? What ARE your mothers wishes?

 

[manning]

I can top that....

You can join my sister and BIL. They have POA right now. MIL is living at sister's/BIL while they care for her as she is dying of cancer. She will be there almost 1 yr in June.

SIL who is now banned from my sister's house is 40+, no job, mentally ill, house is full of dog piss, poop, smoke, falling apart, etc.....Police have been called numerous times since my sister's SIL is threatening her. She is in psychosis and dangerous.

Anyway, they are going to be the executors of the will (God help them).....

From what I can tell so far it will depend on the wording in the will AND the financial state of the person.

BIL FINALLY looked over the will and basically it stated that the house goes to crazy SIL and in prison rehab BIL.
The mother owes on the property. These people are not going to be able to assume the loan or pay it off (we assume, who knows how much cash crazy person has squirreled away).

Now if she can come up with the money to assume the loan my sister and BIL can let that go however if she cannot they will have to liquidate the property as per her will it states that assets can be liquidated to pay off debt.

So, if that happens they will have to formally evict her to the letter of law and I am sure it is will ugly and I am not looking forward to this. I fear for my sister's life.

Obviously it is not going to go smoothly and I have no idea how it REALLY will play out.

So yes, you will have to go about this with police, lawyers, etc...

In this case I would just walk away from it.

The provision to liquidate to pay off the debt is not needed. In all cases the debt of the deceased is payed off by any assets they had (the estate) first, then anything left over is distributed.

 

[pixiewings71]

Lightbulb! Deeds are public information, I believe. You can find out exactly how the deed is worded so you can know now if he's a partial owner. At least you could start getting prepared.

OP, for your and your co-executor brother's sake, I hope Spongebrother Liquorpants isn't on the deed. Evictions take time but a forced sale takes time AND money.

thanks everyone. He will be entitled to 1/4 of the Estate when the time comes. I know this will someday be a nightmare to deal with.

Spongebrother Liquorpants...... love that!!!
He is not on the deed at all...he was not even supposed to move in with Mom when she bought this place....then of course was only gonig to be there a short time...

ROFL!!!! I think we have a new nickname for your brother.....LOL I hope this all works out for you guys...but I think you all contact a lawyer now just to be ready.

 

[manning]

Co-executor could be a problem if both are not on the same page. The old two many fingers in the pot thing.

 

[bettymae1121]

Long story short. I have 3 brothers. Myself and 1 brother are co executors of my mom's Estate when she passes (hopefully not for a long time.)in the event when it does happen and another freeloading brother is living there rent free (has no name on anything) can we kick him out of the house so we can try to sell it?

Not to go into too many details...but my co executor brother went to mom's house recently and freeloading brother has the house smelling of alcohol and smoke. His room is nasty (SIL saw it as she was helping my Mom with something)

Bottom line this got us talking and we said if something happens we would just have to kick his butt out so we could then clean the place to sell it.

I was just wondering if it is possible or would it become a legal nightmare.

PS...lets not even go into why my Mom is allowing this...that is a whole other long story

I would also look into what constitutes "elder abuse" in your area. What you posted likely doesn't rise to that level but you should know what your options are should things in your mother's home deteriorate further. Hopefully it won't come down to that, of course, for everyone's sake.