Legal Question in Wills and Trusts in Washington
Brothers kicking Sister out of house
With in the family the father died and left the house to four brothers and one sister. The sister has been living in the house and caring for the father for nearly 6 years. The house has now been up for sell for about 6 months and the brothers just served the sister with a letter(not court papers) from a lawyer stating she has 6 days to move out or she will be charged rent and back rent since January. Is this legal? There was no contract ever stating she has to pay rent. She does have a 5th ownership in the place. The house is not sold so can they force her to leave or pay rent?
1 Answer from Attorneys
Re: Brothers kicking Sister out of house
No, they cannot do that. She needs a lawyer, though.
The reason they cannot kick her out is because they are not her landlords. The five siblings are co-tenants of the house, and thus do not have standing to make her leave.
There is also no basis to charge her rent.
But when one gets a letter from a lawyer, the correct response is to get one's own lawyer so as to respond properly. There is no mechanism in this state by which a person can be forced to move in six day's time.
You do not say if the probate for the estate is filed or not.
Best wishes with this - Powell
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