estate property

[gaylynn]

I am the executor of my mothrs estate in California. When she died suddenly in 9/1998 four of five grown children coud not agree whether to sell the house right away or keep it. My vote was to keep it in the family. It is a large home in an area that has declined economically and socially over the years. Myself and my younger brother grew up in the home, the other 3 were there for teen years and then left. We finally agreed my younger brother would live there for 2 years, take care of the home and property and pay the mortgage and utilitiess. This past Feb 2002 I had to pay over $4000.00 to save the home from foreclosure. I put the house up for sale, but my brother remained there. He is going thru divorse, is depressed and is abusing alcohol. He says he does not want to stay but is not paying the bills including utilities and water, is not maintaining the large yards or pool. It is a wreck. He tore apart one of two bathrooms and only put 1/2 of it back to working order. Now I have to pay to have the bathroom finished and to have pool and landscaping maintained in addition to the mortgage until it sells. The big problem is getting him out of the house. He has alot of plumbing supplies in the yard and garage in addition to some personal furniture and dishes etc. He owned a home nearby at the time of mothers death, but it was very small and he has 3 children (from a previous marriage #1) who stay with him every other weekend. The idea was that he could lease that house and live in the bigger one and get ahead financially which - has not happened. He does not have money to move and I can not/will not continue to pay his bills. All parties agree that the home should be sold and the will states that it be sold as well. How do I get him out? What are my legal rights to the house as trustee of the estate? I hope to do this simply without much litigation, but he is demonstrating violent behavior, attitude and excessive use of alcohol. I am afraid he may destroy the property in anger. Where do I start? Thank you.

 

[Michael Wechsler]

Who was the executor of the estate? I am assuming that have authority to take care of all estate matters as trustee.

You may wish to send him a notice stating the he has not only breached the terms of the rental agreement, is behind in arrears, but also has no lease. He has 60 days to be removed or he will be forcibly evicted and liable for the costs. Many of these notices are available on the Internet (and here shortly.) At worst, use your own words. You may need to file in court, landlord-tenant part, in order to obtain an eviction if your brother cannot be reasoned with.

Unfortunately, it appears that your brother has abused his ability to use the property and sometimes rough justice is the only solution. You will probably need to let him know you mean business and that if he won't leave voluntarily, you won't show him the mercy as a family member since he has already put the entire property in serious jeopardy and abused all of your collective trust. I think you know what needs to be said and hopefully you can convince your brother that either he goes and perhaps the situation can be salvaged.... or the bank will do it for you and the situation will get even worse.