What to do if inherited property is not being taken care of?

My father was murdered 8 years ago and had no Will. My stepmother has control of half of the estate and the second half belongs to my 3 brothers and I. We’ve never had a succession nor has anything ever been equally divided. My oldest brother has been living in my father’s home, destroying it and the rest of us siblings want him out. How or what can we do to get him out!?

Asked on February 9, 2013 under Estate Planning, Louisiana


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Since a succession is not pending, then one of the heirs needs to get one filed.  Multiple factors could determine which type of succession would need to be filed, but generally, someone will be appointed to oversee the disposition of the estate.  The judge can also make rulings regarding your brother's use of the estate.  If he has been causing damage to the estate, he may be required to reimburse the estate for those damages (either by a direct payment or by an offset of his eventual inheritance).  The succession also has the advantage of clearing the title so that you and brothers can sell the house if that is what you would eventually like to do. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Given the fact that your father's estate seems to not be concluded I suggest that you consult with a Wills and trust attorney to see what can be done to administer the estate if there is no trust so as to get conclusion as to it and have your oldest brother legally removed from the home.

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