Do the same procedures apply for the eviction of a family member from a house that is part of an estate?

There is no lease in place. Purchase agreement offered gives 6 months to lock financing in place but brother has refused to sign. The person living in the house is a sibling but not the executor and the deed is not in his name. The house is to be sold and divided equally among 3 siblings.

Asked on September 20, 2011 under Real Estate Law, Michigan


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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the ensuing problems. You have a few issues here and they differ greatly as far as I can tell.  And I really think that you should speak wit a real estate attorney to figure out a solution.  Is there a Will?  What does the Will state?  Does it state that the house is to be sold and the proceeds divided equally?  That will have a bearing on the matter. If it is possible to evict him then figure out what type of tenancy, if any he has, and have him served with the appropriate papers.  Did he live there all his life?  There are too many issues that need to be resolved here.  Please seek help.  Good luck. 

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