Evicting sibiling from the house.

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Evicting sibiling from the house.

My father passed on little over two years ago. Before passing he had set up a trust and left the house for more youngest brother to live in for how ever long he wants. This was done for the reason the my brother is partially disabled and has never lived anywhere else. The estate has been set up so that if he ever moves some else The house would be sold and dived between the four of us.The problem is there is one brother who on drugs. Who is living there not paying his portion of expenses and causing problems. I have drawn up the 3 day eviction forms. What do I put in for Plaintiff vs Defendnt

Asked on May 12, 2009 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You shouldn't do this one on your own.  It depends on the issue and how truly the title is currently on the house -- is it in trust? If so, is it in trust for the disabled brother or is it in all the kids' names? Further, the one who is on drugs I am assuming is not the one who is disabled?

If so, is there a rental agreement with that brother? 

Figure out the above first, because it may not be as simple as just plaintiff v. defendant.  However, if it is that simple, the current owner of the house (probably the trust) would be plaintiff and the brother you wish to evict is the defendant.  Further, for the plaintiff you may wish to add the trustee.


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