[Lisa Catt]

Mother passed away and gave right of survivorship to myself. During the time my mom was living, my youngest brother was living with her and not paying any rent nor helping towards any bills. My mother passed away in January 2013. Since that time I have given my brother over a year to get the estate settled. I have asked him to move out of this house as it was owned by my mother and myself and when she died the house became mine by "right of survivorship".
The house is currently on the market for sale, but my brother is making it very difficult for the real estate to get into the house to take pictures to post online in order to help sell the house and not returning phone calls or not allowing the real estate to come and show the house.

Since he is not paying rent, what is the process of having his evicted.

Your help is greatly appreciated.

Tim

[Fr_Chuck]

OK, he is a renter, a tenant, just treat him as such.
Does not matter if he is not paying rent. If you wanted him to pay, give him a 30 day notice that rent is starting.

The fact he does not pay rent, means nothing, he is treated just like a renter.

[ScottGem]

First, have you had the deed changed? Even though you were listed at JTROS, you need to take a copy of the death certificate to the county registrar of deeds and have a new deed recorded in your name only.

While that is being done, you need to give you your brother 30 days notice to vacate (though that amount of time may be different depending on local laws). If he doesn't vacate by the deadline, then you will have to go to court for an eviction order.

But I'm going to suggest a different approach. Its often easier to sell an occupied house than an empty one. I would discuss this with your realtors. It might be better if you reach an agreement with your brother to cooperate with the realtors.

[LisaB4657]

First, have you had the deed changed? Even though you were listed at JTROS, you need to take a copy of the death certificate to the county registrar of deeds and have a new deed recorded in your name only.

This is incorrect. It is completely unnecessary for the OP to have a new deed recorded unless the OP is selling or financing the property.

[ScottGem]

Umm, the OP said the house is currently on the market.