I am trustee of my mothers living will. I would like to sell her home.Mom passed 2013.

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I am trustee of my mothers living will. I would like to sell her home.Mom passed 2013.

My sister brothers would
like to sell as well.
Problem is younger brother
got in the house without
permission.
Now the home is a big
giant mess will not
comply with getting out.
What can i do.
Help

Asked on October 9, 2019 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

As the trustee of the estate, you can bring a legal action called an action "for ejectment" against your sibling to remove him: he is not an owner (the estate is), he is not a rent paying tenant with a lease, and he has no legal right to remain there: he can therefore be removed by the courts through an ejectment action. Because you are not personally the owner of the property, you cannot represent it in court: you will need to hire a lawyer (and may use estate funds for this). Hire a landlord-tenant attorney; they are usually familiar with this kind of action, too.


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