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    Davidcb's Avatar
    Davidcb Posts: 1, Reputation: 1
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    #1

    Jul 31, 2011, 02:21 PM
    My mother pass away and left her home to her three sons provided each one pays their
    Equal share of expenses and maintenance one of my brothers will not pay he has 4 dui
    And spounged off my mom for 20 years how can I get him out ?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jul 31, 2011, 02:41 PM

    Can you and the other party afford to buy him out minus the expenses ? Since he is a co-owner that would be the way to go first.

    If not and your only choice is to go to court over it then your going to have to prove along with the other party that expenses are not being followed in accordence with the will and move it to judgement and collections process.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 31, 2011, 02:43 PM

    What does the will say exactly? If the will specifies that he has to pay the expenses, then he may forfeit his share if he doesn't.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Jul 31, 2011, 03:30 PM
    Keep tract of what you pay and what he doesn't pay.
    Eventually you might be able to sue for fractions of his share based on what he never pays, and when he no longer own a share, you evict him. But you might have a tough time throwing him out now. You can keep going to small claims and suing for expenses.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jul 31, 2011, 03:49 PM
    Quote Originally Posted by califdadof3 View Post
    ... go to court over it then ... move it to judgement and collections process.
    Quote Originally Posted by joypulv View Post
    ...
    Eventually you might be able to sue for fractions of his share based on what he never pays, and when he no longer own a share, you evict him. But you might have a tough time throwing him out now. You can keep going to small claims and suing for expenses.
    There has been the suggestion that OP sue the deadbeat in small claims court. I disagree.

    Has the will been probated and the probate case concluded? If so, the property was either conveyed to the three sons in common or a trust was created.

    If they own it in common, they will have to sue him for partition of the property. The property would be sold (the other two brothers could buy it of course) and each would get his share, with adjustments for what each paid or didn't pay, and less expenses of the litigation and sale.

    If it's a trust, the trustee can take similar measures to terminate the interest of the non-paying brother.

    If the will hasn't been probated, that would be the first thing that should be done.

    In any case, the other brothers need to consult an attorney to help sort this out.
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