Legal Question in Wills and Trusts in Nevada
Eviction
My friend’s grandmother passed away over a year ago. His older sister is the executer of the property. The property is divided between his mother, older sister and younger sister. He is not in the will but has been asked to stay in the home by the mother and older sister in order to maintain it, rent free.
The younger sister wants her share of the property now, and does not like her older brother living there so she has sent him an eviction notice. The eviction notice was a simple form you can pick up at any office store and was not signed or filed by the courts. The younger sister filled out the eviction forms and listed herself as landlord with her signature below. She has now sent a certified letter but that is being ignored for now. She has also threatened to evict her mother who is living there so as to affect the sale of the property.
Does the younger sister have the legal right to evict her older brother or anyone in the home without the permission of the other people involved?
And, what legal recourse do they have against the younger sister?
Thank you
1 Answer from Attorneys
Re: Eviction
In order to fully answer your question, I would need to know the details on who maintains property ownership at present date.
If the two sisters and mother have equal interests in the property, the younger sister could not evict anyone without a majority interest in the property agreeing. Even then, the non-evicting parties could petition a court to disburse the home through a judicial sale and disburse the funds.
If you'd like to speak to an attorney in my office regarding this matter, feel free to contact me at your convenience.
Best Regards,
Jim Herbe
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