[ashleytaylor]

My dad lives in Oregon and my brother is living with him. My brother has been in jail more that out, he is in his 50's. My dad has assets and I am the executrix of my fathers will. My father is 85. His will states upon his death that everything is to be sold and then divided up equally. How do I remove my brother as quickly as possible from the home so that he does not steal and damage the home prior to me selling it? He has dangerous mental issues. He has a violent past. I want to know what I will be dealing with ahead of time.

[ScottGem]

This will be tough. You cannot just kick him out. You will have to evict him, however, if he will inherit a share of the property, that may even be impossible.

You need to create an inventory NOW. You may need to get an immediate restraining order preventing him from removing anything. But the key is a current pictoral inventory with appraisals.

[JudyKayTee]

Are you concerned about your father's welfare?

[ashleytaylor]

I am concerned about my fathers welfare, but he is not. My brother has twisted my fathers mind into trusting him and my father puts blinders on when my brother does something (like when he stole 400.00 out of from our mothers purse when she had advanced Alzheimer at the time. Regarding the share of the property, The will states that I am to sell everything including the home and disperse it all the cash in half. I will get a video inventory now and I will look suggest my father put together a power of attorney for me in case something happens to him mentally.

[ScottGem]

If the will states that the executor will liquidate all assets and distribute the proceeds equally, then, you can give him notice to vacate as soon as the estate takes ownership.