Do the same procedures apply for the eviction of a family member from a house that is part of an estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do the same procedures apply for the eviction of a family member from a house that is part of an estate?

There is no lease in place. Purchase agreement offered gives 6 months to lock financing in place but brother has refused to sign. The person living in the house is a sibling but not the executor and the deed is not in his name. The house is to be sold and divided equally among 3 siblings.

Asked on September 20, 2011 under Real Estate Law, Michigan

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 ensuing problems. You have a few issues here and they differ greatly as far as I can tell.  And I really think that you should speak wit a real estate attorney to figure out a solution.  Is there a Will?  What does the Will state?  Does it state that the house is to be sold and the proceeds divided equally?  That will have a bearing on the matter. If it is possible to evict him then figure out what type of tenancy, if any he has, and have him served with the appropriate papers.  Did he live there all his life?  There are too many issues that need to be resolved here.  Please seek help.  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