What are my rights regarding a house that I inherited if my brother has objectionable people living there?

UPDATED: Feb 2, 2015

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What are my rights regarding a house that I inherited if my brother has objectionable people living there?

I am the executor of my parents’ estate. For the past year I have allowed my brother to live there in exchange for helping fix up the house. He has had several people come and go and different women stay there. He just got arrested because one woman that he had leave came over and started fighting over a new woman he had there. After my brother was arrested this woman that provoked the fight began moving her stuff in and living there. This has been within the last five days. What are my rights as to going and demanding her to leave?

Asked on February 2, 2015 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the property has not yet been distributed, you can take action as the executor, on behalf of the estate; if it has been distributed to you, and you (and not also your brother) are the owner, you can act in your own name. In either event, the rightful owner of property (e.g. either the estate or you) can at any time ask guests (people who do not themselves have an ownership interest and also do not pay rent as tenants) to leave; if they do not leave when the owner asks them to, the owner may bring an ejectment action in court ("ejectment" is eviction for nontenants) to remove them. A guest simply has no legal right to remain in premises after the owner has told them to leave. Any landlord-tenant attorney should be able to help you, and you are advised to let a lawyer help you--not only will help make sure that the action is brought properly, but it will create some useful distance or separation between you and this woman who knows and/or dates your brother.

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.

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