In this article, you’ll learn the options for legally making a sibling leave the inherited home.
You’ll learn about the steps involved and other ways to resolve the dispute when the sibling living there won’t move out.
Read on for details.
Is Evicting a Brother or Sister from Deceased Parents’ Home Possible?
Yes, evicting a sibling from your deceased parents’ home is possible under certain circumstances. Here are specific situations where eviction may be pursued.
- Probate Property Sale
If the house is part of probate proceedings, the executor or administrator is legally obligated to responsibly manage the deceased’s estate.
If it best serves the interests of the estate and its heirs, the house can be sold while in probate. So, the executor or administrator can evict a sibling if their presence in the property impedes that process.
- Non-Heir Occupancy
If the sibling occupying the house has no ownership or legal right to live in the property, the legal heir(s) may be able to evict them.
That sibling could be considered an unauthorized occupant or a tenant-at-will (occupying the house with permission versus a lease). Both scenarios offer more flexibility for eviction.
- Breach of Rental Agreement
If, for example, your sibling has a lease and does not adhere to rental terms, that can justify eviction.
Violations can include not paying rent, allowing unauthorized occupants, causing significant property damage, and using the house for illegal activities.
- Violation of Trust Terms
The fact that a property is in trust can be a basis for eviction if the terms specify that occupants must vacate the house if or regardless of whether it must be sold.
If a sibling insists on staying in the house despite the trust’s directives, the trustee could begin the eviction process to ensure that trust instructions are followed.
- Expired Occupancy Agreement
If your sibling had a formal living arrangement with your parents with terms that ended with their death, they no longer have the right to live in the house.
So, you have grounds for asking the sibling to leave. If they refuse, you can seek eviction, especially if selling the inherited house is your next desired step.
How Does Evicting a Sibling from Deceased Parents’ Home Work?
If you just inherited a house from your parents and are contemplating on evicting your brother or sister, for example, note that while the specific steps and timelines for eviction can vary by jurisdiction, the overall structure of the process is relatively uniform across states.
A high-level overview of how to evict someone from an inherited house is summarized in general steps below.
1. Seek Legal Advice
Given the intricacies of legally removing a sibling from the home, consulting with an eviction lawyer or a real estate attorney specializing in landlord-tenant law is wise.
Either of these can help you navigate getting an inheritance under these circumstances.
For example, you can ask expert legal advice on how soon an executor can evict a beneficiary, or the steps to take when exploring how a house can be sold in probate.
2. Deliver Notice
A formal written notice must be issued to the sister or brother living in your deceased parents’ house before initiating eviction proceedings. It should specify the reason for eviction and a timeline for vacating the home.
The notice must also be delivered in compliance with local laws. Additionally, you have to wait until the entire notice period expires before initiating the proceedings.
3. File for Eviction
If the timeline has ended and the sibling hasn’t left, the next step is filing an unlawful detainer lawsuit. The court responds by scheduling a hearing to resolve the dispute.
4. Go to Court
Both you and your sibling must appear in court. You’ll need evidence of property ownership, the notice served, and the sibling’s failure to comply. The sibling also presents their claim.
The case is typically resolved at the hearing if the facts are straightforward. If not, a trial date is set for a full review of evidence.
5. Carry Out the Eviction
If you prevail as the plaintiff, the court will issue an eviction order, including the deadline for your sibling’s compliance.
That order authorizes law enforcement officers, typically sheriffs, to assist in evicting a brother from your deceased parents’ home or a sister if compliance is still an issue.
What to Try Before Eviction?
While an heir living on the property can be evicted, you can explore several solutions before resorting to this process.
- Candid Conversation: Talk openly with your sibling to better understand their perspective, share your plans for the property, and aim to reach an agreement.
- Ownership Buyout: Buying out a sibling from the inherited house can be an amicable way to divide the inheritance. Your sibling gets cash in exchange for vacating the house.
- Mediation: Consider engaging a neutral third party to facilitate a conversation between you and your sibling. They can help reduce emotional conflict and negotiate differences.
- Lease Agreement: If selling a house under probate isn’t necessary in your case, or you’re unsure about selling, do a formal rental agreement. This arrangement gives you time to solidify long-term plans.
- Temporary Living Arrangement: Agree on a rent-free timeline for your sibling to stay in the house, allowing them time to relocate. When that ends, your inherited property can be sold or used however you prefer.
- Alternative Housing: Help your sibling find another suitable place to live. If they are struggling financially, offer assistance to help them make the transition.
- Partition Action: All heirs don’t have to agree to sell property, and when they don’t, a partition action can force the sale. It resolves the dispute without direct eviction and equitably divides proceeds among heirs.
When all else fails, you can proceed with selling your parent’s house after leveraging all the legal means necessary to evict a sibling.
How to Sell an Inherited Property Easily?
Selling an inherited property can be complex and challenging, but companies specializing in quick, cash-based transactions provide a streamlined solution.
These firms offer several core advantages that make them an appealing choice for any heir looking to sell, and especially those considering selling an inherited house as is.
- Cash Offer: A cash offer means that you don’t have to wait for a buyer to get loan approval or risk the lender turning them down.
- Fast sale: Selling to a professional home buyer allows you to close quicker, so you can sell probate property fast.
- Zero-Commission Deal: By selling to a direct buyer, you eliminate the brokerage fee associated with using a real estate agent. That’s more net proceeds for you.
- Current Condition Accepted: These buyers often cater to those who have inherited a house that needs work and prefer not to invest time or money in repairs. Likewise, no cleaning is required if you inherited a hoarder house.
- Closing Cost Assistance: No negotiations about who pays what. Professional cash buyers cover all settlement expenses if you ask them to do it before accepting an offer.
- Minimum paperwork: Because there are no lender or realtor involved, you won’t have to deal with extra papers such as inspection and appraisal reports.
Our website has reviewed and approved a list of trusted cash buying companies. To find the best deal for you, get a cash offer from several local firms and do a quick comparison.
If you’d like to know more about other ways to sell, see our detailed guide on selling a house you inherited for actionable insights.