What can i do to remove my brother in law from a premises during probate
You have to file an unlawful detainer on behalf of the estate. However, what is normally a pretty straightforward lawsuit can be quite complicated in the context of a probate. The executor has an fiduciary duty to manage the estate in a reasonable manner and in a manner consistent with the will (that is a generalized statement of the duty of an executor - there are much more precisely defined duties).
The estate stands in the shoes of the decedent, so it has the same rights and duty. If brother-in-law had a lease with the decedent, the provisions of that lease must be followed. If the brother-in-law is granted a life estate in the property in the will, then that has to be respected. If he has neither of those, and no other right to be there that derives from ownership, then you must follow the law to evict him. If he has been in the property for longer than 30 days, then you probably must follow the procedure to evict a person under an at will tenancy. Its probably best practice to send a 30 day notice, effective the first day of the next month and telling brother in law to leave by the last day of that month or thirty days after the date of the letter.
You will probably need to retain an attorney because issues of qualification, and styling of the case, require someone with the skill to articulate the true plaintiff party in interest. You will also need to prove, at any trial, that you have the right to bring the action on behalf of the estate, and that may require an attorney to verify and prepare. Good luck.
The above is solely for informational purposes and does not create an attorney client relationship.
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