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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption