How do you make 2 family members move from our parents house (who are no longer alive) The sibblings r not paying rent and the house is up for sale. They have lived there for a year now and won't go. We want to sell the house empty. How do we get them out. Please help

What state is the house in? There might be laws to protect them if they were living there all along.

If they are part owners of the house, then you can't evict them. If there was any wording in the will about how expenses on the house are to be paid, and they aren't doing their share, then you sue them for that.
A typical scenario: you get a buyer, and there's a standard walk through the day before closing. If the contract says deliver empty and the sibs are still obviously not out, then you won't close the next day. That's when the rest of you get a lawyer, and sue for some of the proceeds of the house for losses, or you put money on the table of the buyers to go through with the sale and then let them evict them.

It sounds from your description like the house is still a part of your parents estate (i.e. ownership has not transferred to an heir) - is that right? If so the executor of the estate has the responsibility to care for the house and either sell it or transfer it to the heir(s) as directed by the will. Are the 2 family members paying rent? Is there a lease agreement? If not, the executor can initiate proceedings through the housing court to have them evicted, which may take about 30 days to take affect.

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Originally Posted by ebaines

It sounds from your description like the house is still a part of your parents estate (i.e. ownership has not transferred to an heir) - is that right? If so the the executor of the estate has the responsibility to care for the house and either sell it or transfer it to the heir(s) as directed by the will. Are the 2 family members paying rent? Is there a lease agreement? If not, the executor can initiate proceedings through the housing court to have them evicted, which may take about 30 days to take affect.

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Or, asssuming you are the personal representative, it might be quicker to file a motion in the probate case that they be ordered to leave. Ask for a provision that the costs of that motion, and any delay damages they incur be taxed against them when it comes time to distribute the estate (assuming they get a share). That might light a fire under them.

Duplicate post.

Computer is very slow the past few days. I didn't know it my last click had been recognized. :(

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