Eviction of my brother from my parents house

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Eviction of my brother from my parents house

My father died and I am the executrix of his will that says everything be sold and divided equally. My brother has been living with no lease in my parents house. How can I get him to leave so I can sell the house?

Asked on August 13, 2019 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can bring a legal action traditionally called an action "for ejectment" which you can think of as "eviction for non-tenants": it is how you remove people who are not owners and not tenants and so have no right to remain there. You first have to provide proper written notice and a reasonable time (generally at least a month, if they have been there awhile) to move out. Ejectment actions and the required notices are somewhat "technical" in that a minor paperwork or procedural error can force you to start over. You are therefore advised to retain an attorney to help you. The lawyer will also help to provide a "buffer" between you and your brother.


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