[dgriggs]

I am the executor of my parents estate. We are in the processor of deding the house to my brother and I . We both had been living in the house but due to him being a hoarder and threatening me I moved out. The house is a disaster and have pictures to prove it. The electric and water are in my name but he has been paying them.. I have paid all probate cost and taxes on the property. There is no house payment. What are my right to have him evicted due to the condition of his living habits? We either need to sell the house or him by me out...

[ScottGem]

You said; you were "deding the house to my brother and I". That indicates that your brother will be a half owner of the house. If that is the case, then you cannot evict him at all, he is entitled to live there.

You may, however, be able to sue him to buy you out or to clean up the property so it can be sold.

[AK lawyer]

Now, while the property is still in probate, would be the time to do what has to be done. As the personal representative, you should sell the house and give your brother half of the proceeds, instead of getting a half undivided interest in the house. The alternative, a really bad idea, is to wait to later and sue to "partition" the property.

[ScottGem]

Not knowing how far along the process of deeding the property to the heirs is, it might be easier to sell it while its still owned by the estate. As executor, you probably don't need your brother's agreement to sell where you will once his name is on the deed. So you can put it up for sale and once you go into contract with a buyer, you can then serve him notice to vacate.