Legal Question in Real Estate Law in Maryland
My Dad recently died and left the house to his 3 kids. My brother moved in 9 years ago with him and now does not want to leave. He has not worked steady in many years and when he does it is very sparatic. My sister and I want the house to be sold and the profit split 3 ways as stated in the will. My questions is how do we go about having him removed if he will not leave?
1 Answer from Attorneys
Your father's will appointed one or more of you as the Personal Representative of the estate. That person(s) must file a probate petition with the Register of Wills in the county where your father was living. Once appointed and issued letters of administration, the p.r. would have the ability to sell the house and divide the proceeds. Once sold, your brother would be forced to vacate the premises, or the p.r. could even have him evicted before that, since it would be easier to sell the house if it were vacant. As an estate attorney I have done this on many occasions for persons in your situation.
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