I am trustee of my mothers living will. I would like to sell her home.Mom passed 2013.

UPDATED: Oct 2, 2022

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I am trustee of my mothers living will. I would like to sell her home.Mom passed 2013.

My sister brothers would
like to sell as well.
Problem is younger brother
got in the house without
Now the home is a big
giant mess will not
comply with getting out.
What can i do.

Asked on October 9, 2019 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As the trustee of the estate, you can bring a legal action called an action "for ejectment" against your sibling to remove him: he is not an owner (the estate is), he is not a rent paying tenant with a lease, and he has no legal right to remain there: he can therefore be removed by the courts through an ejectment action. Because you are not personally the owner of the property, you cannot represent it in court: you will need to hire a lawyer (and may use estate funds for this). Hire a landlord-tenant attorney; they are usually familiar with this kind of action, too.

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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