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How can executor remove sibling who will not leave even after being served thru magistate in PA

Warren, PA |

Mother died in may.Will says all assets sold and divded between 6 siblings. One lived there and will not leave even after being served 2 30 day evictions and now thru magistrate. Offered to buy house but has no money.

Attorney Answers 3

  1. Siblings in houses are definitely a problem. Apparently if he isn't leaving it is likely because he doesn't have any money to do so. If the estate has some cash perhaps you can give him an advance against his share of the estate.

    Otherwise, if you are going to evict him you must follow the rules and, likely, it makes the most sense to retain an attorney for that purpose.

    Good Luck!

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  2. This appears to be a duplicate of your earlier post. The executor is legally authorized to take this action for the estate. I would let him or her do so and that keeps YOU and your other siblings out of the fray.

    This is a matter for the courts to handle, now.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

  3. The executor has the legal authority to get an eviction order and have local police help execute the order.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.