What to do if my father passed 2 years ago leaving no Will?

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What to do if my father passed 2 years ago leaving no Will?

There are 2 heirs. My brother lives in the home and was court ordered (3 years ago) to pay rent but has not done so. Can I evict him? Can I take out a loan to pay back taxes?

Asked on August 3, 2013 under Estate Planning, Washington

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the issues that have evolved since your Father's death.  There is a bit of information that seems to be missing here  Are you the Personal Representative of the estate?  Who ordered your brother to pay rent?  If you are the PR then ys, you can evict him if it is in the best interest of the estate (and having a property that is not bearing income to pay the taxes and upkeep, etc. can be good enough).  You as the PR have the powoer to do what is necessary to maintain assets so that could include taking a loan on behalf of an estate.  Seek help here. Good luck.


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