ask david letters column

(Warning: Typos Intact, Not Legal Advice)

How do I evict my older brother if the house isn’t in my name but my dad’s who passed I pay the bill and mortgage can I do anything

My brother lives with me in my family home but he’s not mentally sane he messed with the wires in the fuse box of the house and he writes on walls that he’s Satan the list goes on and on I’m scared he will cause harm to me or my 2 kids age 7 and 19 I pay all the bills and mortgage he pays nothing or does he work I just want to see if there’s something I can do to evict him?

Answer: To remove your brother from the house, you will need to go through the eviction process, which is a court procedure. However, since your father has passed away and the house is currently owned by your father’s estate, you’ll first need to go to probate court to become the personal representative, also known as the executor or administrator, of the estate. Once you have been granted the authority by the court to manage your father’s estate, you can then proceed to the local district court to initiate the eviction process to remove your brother from the house.

The challenge is that, at that point, your brother may be entitled to a share of the house. While the fact that you’ve been paying the mortgage is relevant, it may not be conclusive in determining ownership. You’ll need to weigh these considerations carefully. Additionally, the fact that your brother is tampering with the electricity and has other issues suggests that it may be wise to take action sooner rather than later, especially with your young children in the house.

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