What to do if inherited property is not being taken care of?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.