Legal Question in Wills and Trusts in Washington

Mother passed away and left her house to her 8 children. My brother, his wife and 2 children live in the main house and my half brother lives in a camper on the property. My half brother is causing numerous issues, such as not paying his share of utilities, verbally threatening my brother, his wife and his children's life. Bringing drug dealers to the property, etc. What can be done to get my half brother off the property? The cops said they don't have any legal rights to do anything.


Asked on 11/24/14, 10:52 pm

1 Answer from Attorneys
Charles Cruikshank Cruikshank Law Office-Since 1975

A good answer is complicated because there are not enough details in your question. If the estate (through its Personal Representative) still holds title to the real estate, he or she can determine who stays or goes.

If the 8 children own the house as title holders with 1/8 each, decision can only be made with the agreement of all.

If one or more of the 8 owners petitions the court to "partition" (divide up) the property, each will own an undivided 1/8 interest which each can sell, but it is unlikely that any reasonable person would pay a fair value for a minority (1/8th interest) ownership in property where the other owners are feuding and there is criminal activity by one of them.

Only if the estate has not been distributed or if there has been no formal probate by the court, may there be a reasonable way to approach this situation.

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Answered on 11/25/14, 8:53 am


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