Can I evict my alcoholic, drug addicted brother off heir property?

UPDATED: Jul 5, 2019

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Can I evict my alcoholic, drug addicted brother off heir property?

He is letting the house deteriorate. He is not paying the
bills or the Real Estate taxes. The only thing he does is live

Asked on July 5, 2019 under Estate Planning, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You call this "heir property." The issue is, who currently owns the property?
1) If owned by the estate of a deceased person (that is, it has not yet been distributed to the heirs; i.e. probate is not finished), the estate's executor (if there was a will) or personal representative/adminstrator appointed by the court (if there was no will) can eject ("ejectment" is eviction for people on property who are not rent-paying tenants) him; regardless of whether he will one day inherit it or not, if the estate still owns the property and h does not yet own it, the estate (through the executor or personal representative/administrator) has the right--the same as any other property owner--to determine who may be on the property. 
2) If the property has been distibuted to the heirs already, so he is on the title, he cannot be removed from it: no owner of real estate may evicted or ejected from it. Other heirs can bring a legal action called an action "for partition" to force the sale of the house, so they can get their share of its value and disentangle themselves from him.

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 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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