I am named as executor to my father's estate (small value estate, less than 200K) in Illinois.
and am unfortunately expecting to carry out these duties later this year.

It is a simple estate, to be sold and split evenly among four siblings.

My father has reluctantly allowed my brother to live with him for several years and would like him to
leave soon, but it would be too stressful for him to force my brother out. That chore is being
left to me after my father passes away.

Soon after my father dies, I intend to offer my brother an advance on his share of the
estate to help him move into an apartment.

However, my problem is forcing my brother to move out of the house. I do not believe I will
be able to sell the place with him living in it, and I want to prevent him from selling or giving
away possessions which do not belong to him.

I am anticipating resistance to any attempts to move him out and become self-supporting, even though
he is employed.

Since he has been living there (albeit rent free), will I need an eviction notice to remove him ?
Does he have any rights in this situation ?

Do I have the right as executor to remove him from the home ?

Quote:

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Originally Posted by berkeleydb

Do I have the right as executor to remove him from the home ?

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Hello b:

Nope. You're not going to BE the executor till your father passes, so you have NO authority.

excon

Obviously, this question is intended for planning ahead. The question obviously refers to actions to be taken after my father passes.

Quote:

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Originally Posted by berkeleydb

Obviously, this question is intended for planning ahead. The question obviously refers to actions to be taken after my father passes.

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Hello again, b:

It wasn't obvious to me. WHEN you're the executor, you can evict him.

excon

Quote:

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Originally Posted by excon

Hello b:

Nope. You're not going to BE the executor till your father passes, so you have NO authority.

excon

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By the way, is the will or other estate planning document in order? Now would be the time to consult with an attorney to see that it is all as it should be; after your father's death will be too late to think of these things.

The will is in order, and it's contents known to all siblings for 20 years. I agree with you -- I'm trying to anticipate problems now, and plan ahead for what I will need to do.

Hello again, b:

You and I don't have the same view as to what's "obvious". I don't know about you, but I don't know ANYONE whose financial status hasn't changed over a 20 year period. Maybe you do, but it certainly ISN'T obvious...

What's obvious, is that you DON'T want to visit a lawyer, and you DO want free advice off the internet. To me, that's obviously setting yourself up for disaster...

excon

Quote:

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Originally Posted by berkeleydb

Does he have any rights in this situation ?

Do I have the right as executor to remove him from the home ?

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Quote:

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berkeleydb does not find this helpful: The respondent appears to either lack the reading comprehension skills to respond appropriately, and his further answers appear to be personal in nature. This is not a good impression of this website. No one really wants a response from someone

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Hello again, b:

Let's call a spade what it is... I politely answered your question... You DISSED me.

My reading comprehension is perfect. You asked if he HAS any rights in this situation, indicating present tense... You asked if you HAVE the right to remove him, indicating you wonder if you HAVE the right NOW.. Were you to be clear, you would have said WILL you have the right to put him out, or WILL he have rights at that time...

Excon

:rolleyes:

Do you two have that out of your systems yet? :D

Anyway,

Quote:

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Originally Posted by berkeleydb

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Since he has been living there (albeit rent free), will I need an eviction notice to remove him ?

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Yes, you will when the will becomes effective on death and you apply to probate it.

Quote:

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Originally Posted by berkeleydb

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...
Does he have any rights in this situation ?
...

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Yes, the right to a notice to quit, due process in an eviction proceeding, etc.

Quote:

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Originally Posted by berkeleydb

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Do I have the right as executor to remove him from the home ?

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Yes, you will. An executor generally has all the rights that the decedent had prior to the decedent's death. Double-check with your attorney to be sure that what we are telling you is accurate advice in your jurisdiction.

berkeleydb does not find this helpful : The respondent appears to either lack the reading comprehension skills to respond appropriately, and his further answers appear to be personal in nature. This is not a good impression of this website. No one really wants a response from someone

You only have THREE posts on this site at this time and you are dictating what can and can't be said?

I need to spread the rep or I would have given Excon a balancer.

THe site rules specify you are ONLY allowed to give a not helpful for inacurate information. And based on the information YOU provided and the words you chose to use... Excon did correctly answer your question.

I recommend you read the rules before you break them again.