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.
Elder Law Attorney
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.
Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.
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.
*** 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.
Estate Planning Attorney
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.