Eviction of my brother from my parents house

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Eviction of my brother from my parents house

My father died and I am the executrix of his will that says everything be sold and divided equally. My brother has been living with no lease in my parents house. How can I get him to leave so I can sell the house?

Asked on August 13, 2019 under Estate Planning, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can bring a legal action traditionally called an action "for ejectment" which you can think of as "eviction for non-tenants": it is how you remove people who are not owners and not tenants and so have no right to remain there. You first have to provide proper written notice and a reasonable time (generally at least a month, if they have been there awhile) to move out. Ejectment actions and the required notices are somewhat "technical" in that a minor paperwork or procedural error can force you to start over. You are therefore advised to retain an attorney to help you. The lawyer will also help to provide a "buffer" between you and your brother.

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