My father has recently passed away and he left the house in my name. I have four older brothers and not one of them have contested the will. I have gone through probate and the house is no legally in my name. The problem is one of my older brothers has been living in the house with me and my father rent free forever, he's an alcoholic and has not had a job in like ten years. I am fed up with him and I don't want him to live in my house anymore, how do I go about getting him out? He has threatened to harm me and the house if I try to remove him, so I am afraid of what he will do. Please help as I am still mourning the lose of my Dad.

ScottGem

You have two options. You can either go thru a formal eviction process, which will take time, or, if you can prove the threats, get a restraining order against him.

What you will probably have to do is give him a 30 day vacate notice. Then, if he gets violent call the police to arrest him and then get your RO.

rockinmommy

Well, you could go about 3 routes on this...

1. Give him a 30 notice (whatever your state requires - it varies.) to terminate his periodic tenancy (month-to-month). Then when he doesn't leave at the end of that time you go file an eviction.

2. Make him an offer he can't refuse. Maybe your other brothers would help "persuade" him to leave? Most addicts can be fairly easily swayed by cold hard cash - and often it doesn't take that much of it to entice them.....

3. If you have enough proof/witnesses/etc you could attempt to get a restraining order and have him removed.

Legally, from a landlord/tenant standpoint you'd be looking at an eviction to get him out. He has clearly established this as his residence. At this point it doesn't really matter that the house is now in your name. That just means you're now his landlord.