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    Shwilliams218's Avatar
    Shwilliams218 Posts: 1, Reputation: 1
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    #1

    Dec 31, 2011, 12:14 PM
    Can I evict my brother out of our grandmothers house?
    When my Grandmother passed away she left me and my sister the deed to her house but I let my brother come and stay with me for 15 years and I want my brother to move out for not paying can I put him out even if he is on her will?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 31, 2011, 12:27 PM
    If your grandmother left the house to you and your sister, then it is no longer your grandmother's house. Your brother's being mentioned in her will has no bearing. I'm assuming that when your grandmother died, her estate was probated and the deed transferred to you and your sister as joint tenants.

    If that did not happen, then you need to have the deed transferred ASAP.

    As to your brother, he is a tenant in the property. You treat him as you would any tenant. To evict him for non-payment there had to have been an agreement for him to pay rent. If there was and he has not paid the agreed amount then you serve him with a pay or quit notice. This gives him 3-10 days (depending on locale) to pay up or vacate. If he doesn't, then you go to court for an eviction.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 31, 2011, 05:36 PM
    Yes, you failed to say at probate court how did you get the new deed. If your brother anywhere on the deed ?
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