What can I do if my brother continues to live in my late grandmother’s house without permission and changed the locks?

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What can I do if my brother continues to live in my late grandmother’s house without permission and changed the locks?

He lived in the house while she was alive. Now he refuses to leave the house and has changed the locks.

Asked on January 15, 2012 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have ensued.  I am assuming that your family is now attempting to probate your grandmothers estate, correct?  If there is a Will and a named executor you need to have that person appointed as the fiduciary.  Once appointed then he or she will be able to take the necessary steps to "evict" your brother and have the sheriff break the locks once an order of eviction is signed.  If there is no Will then a personal representative needs to be appointed and the estate will be distributed via the intestacy statutes in your state.  Good luck.


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