How do i evict a family member in baltimore after home is listed as an estate,he is an heir but I am the executor of the estate

Asked about 2 years ago - Baltimore, MD

I have also serve all of my siblings that the home has been listed as an estate, I cannot afford to maintain it financially and they are not contributing by any means. it has become a financial hardship.

Attorney answers (4)

  1. Thomas C Valkenet

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . This issue arises, often. At some point (as required by the law), the house must be passed through the estate to the lawful heirs. The cost of maintaining the house then is their issue. Until then, the cost of maintaining the house are expenses to the estate, which can, among other things, rent the house and act like a landlord. And like a landlord, you may sue in court to evict a non-paying tenant, or deadbeat family member. Hire a lawyer!

  2. Mark William Oakley

    Contributor Level 18

    3

    Lawyers agree

    Answered . (1) Serve written notice on your brother to vacate the premises. date the notice and sign it as PR of the Estate of [name of deceased owner].
    (2) File a Petition for Warrant of Restitution on behalf of the estate, attaching proof the Letters of Administration appointing you as the PR. Instructions and forms here: http://mdcourts.gov/district/forms/civil/dccv08...
    (3) When he's out, change all the locks and post no trespassing signs. If he tries to re-enter, he can be arrested and charged criminally.
    (4) Contact a realtor about listing the house for sale, which you won't be able to accomplish while the brother is still in it.
    (5) Keep records of all expenses and costs you incur personally to do all these things or to maintain the property, and submit a claim against the estate for reimbursement, so that you receive your out-of-pocket first before the sales proceeds are divided among the children.
    (6) Just hire a lawyer to do all this for you, and the lawyer's fees will be paid out of the estate. Perhaps if you explain this to your brother, that fighting eviction will just cost him more because everyone's share of the proceeds will be reduced, including his own, the he will cooperate. Maybe he would cooperate in fixing the home up for sale and showing the house to potential buyers, if he knows he will get a share of the sales proceeds.

  3. Wallace Ray Nichols Jr.

    Pro

    Contributor Level 9

    4

    Lawyers agree

    Answered . You owe fiduciary obligations as executor to conserve the estate to the extent possible, including appropriately managing costs to keep such at a minimum. Accordingly, follow my colleague's advice, hire a lawyer and get the dirty job done.

    This writing is not intended to create an attorney-client relationship between you and W.R. Nichols & Associates,... more
  4. Michael Leo Potter

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your duty as a fiduciary of the deceased's estate is paramount. You are not expected to maintain the property out of your personal finances, but out of the estate. Take into consideration that SELLING the home on behalf of the estate may be a good option. Sit down with an Estate Planning attorney in the Baltimore area (easily found on Avvo.com) and discuss your best options going forward. Good Luck!!

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