If my brother won’t leave my late mom’s house, how can we sell it?

My brother has lived with my mom for 2 years rent free. Mom just passed away. The Will says the house is to be sold and proceeds split equally between the 4 heirs. However, my brother won’t leave the house or let anyone else in. He’s changed the locks, disconnected the phone, and has made the realtor we sent to look at the house away. What can be done?

Asked on July 23, 2012 under Estate Planning, Oregon


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation as it is.  Who is the proposed executor of the estate?  That person has to file a peitition with the court to be appointed as soon as possible.  The executor will have the power to act and evict your brother, which is what needs to be done.  Is there anyone that can reason with him?  A close friend or family member?  It would be a shame for things to get ugly in the wake of your Mother's passing.  Good luck.

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