Legal Question in Landlord & Tenant Law in Massachusetts
removing someone from a house
My brother andI are in the midst of being appointed exec./executris to our deceased mothers estate. In this estate is a house in which my brother lived with Mom. He now still resides in that house. I reside in another state. My ex-sister-in-law w/kids, were evicted from their home, my brother , had them stay in the house until they found a place. It has been 4mos. of torture and abuse to my brother. The house is a mess!! He is unable to get them out! They will not leave. How can I get them out. I feel my brothers life could be in danger. What are my rights to have them removed ASAP. She does not work nor contribute to any of the bills during this time. Please help!!!
They have been divorced for 16 yrs. They do not get along, at all. She has turned the children against him and he is being taken advantage of by ALL of them. He is being abused physically, but cannot fight back because these are his children and he will not put his hands on any of them. She knows this and is using it to her advantage. When my mother passed I made it clear that I did not want her in that house! Unfortunately, my brother was trying to do something good out of the goodness of his heart, and now they will NOT leave.
What are our rights!
2 Answers from Attorneys
Re: removing someone from a house
First of all, I am sorry for your family's recent loss. As executor/rix, you and your brother have the ability, and the duty, to administer your mother's estate according to the terms of her will.
To whom did your mother leave her home in her will? If your brother's ex-girlfriend is living in the house, your brother should be collecting rent from her (not for his own behalf, but on behalf of the estate).
It sounds like it would be helpful for you and your brother to have an attorney to help you perform your duties in the administration of your mother's estate.
Please contact me if I can be of some assistance.
http://www.vaughnmartel.com/probate.html
Re: removing someone from a house
I am sorry for your loss. Your mother's estate needs to be handled according to the terms of the Will. As executors you should be collecting rent for the people staying in the home.
As executors, you should start eviction proceedings to get them out of the home.
I think you and your brother should get the assistance of an attorney in this matter. Both with respect to handling the extate as well as dealing with the eviction of the Tenants.
Please feel free to call me.
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