Will my question and personal information be posted if I ask this question? BC. Not sure what you mean? :-) I am the

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Customer: Hello. Will my question and personal information be posted if I ask this question?
JA: What province are you in? It matters because laws vary by location.
Customer: BC
JA: What steps have you taken so far?
Customer: Not sure what you mean? :-)
JA: The Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am the Executor of my parents' Estate, along with my one brother. There are 4 siblings in total and then because my one brother passed away a few years back, his 3 children will be eligible for my deceased brother's inheritance.

Answered by Debra in 5 mins 1 year ago

Debra

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Debra

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

Customer

Okay

Customer

what I am wondering, my one brother, a beneficiary that is living in my deceased parents' home, we need to evict him due to he becoming mentally unstable and being quite spiteful. What steps can my other brother, an Executor take, to evict my brother to the letter of the law so we have no issues.

Customer

We are also concerned, being he is becoming so spiteful, that he will take things from the home and also, make it difficult for the Realtor to take people through the home, which he has once already.

Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

Do you brother who lives in teh house pay rent?

Customer

No he does not, we have been gracious to him and have not charged him anything since my parents both passed, my Mother, March 27, 2021, my Father, April 27, 2021. So basically since my Father passed, my brother has not paid rent and/or any utilities, the Estate has taken care of that. And an FYI, my parents' house is paid in full and has been for years.

Customer

My brother is also refusing to sign the declaration form in order for us to do an early dispersement of the Estate - currently we are still in the probate process and awaiting for the probate certificate from the courts.

Customer

Just to add to what we are dealing with, with this disgruntled brother, he called up my one niece and told her that he was going to not be signing the declaration form and was going to seek the advise of a Lawyer. In that same conversation, he told my niece he would be giving her, her sister and one brother, $10,000 each - these are all beneficiaries as stated earlier. My brother is able to offer this because my Father had one life insurance policy solely dedicated to this brother.

Debra, Expert

Your brother is not a tenant because he doesn't pay rent. He is a guest and when he is told to leave he is a trespasser.

If he won't leave you will be able to get an order for possession and then the sheriff or bailiff will remove him.

Does that help?

Customer

It does, but should I not present him with an eviction notice? My Realtor did say this is something her office can do.

Debra, Expert

You can but he isn't actually entitled to a notice of eviction.

Customer

Okay excellent and I'm just hoping I can get to the house soon enough because I live out of town, and get the locks all changed, my concern is of course him taking things. I will certainly be setting up cameras when we go to the house next.

Debra, Expert

Such a worry. I am so sorry.

Customer

Thanks. I know for certain that because I'm evicting him he'll definitely not sign any forms for me. Thanks so much for your help, you brought some peace of mind.

Debra, Expert

You are very welcome.

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer

My apologies. One more question, in your experience, if only 2 beneficiaries don't sign the declaration statement for releasing the inheritance early, meaning my nieces (2) and nephew (1) sign their forms and then off course myself and my one brother, also an executor, what are the chances the court will accept our affidavit/petition to still release funds early based on the only ones that signed. And given the background with my one disgruntled brother, and then I have my one other brother who is not signing that, or taking his sweet time for whatever reason (he is closer to my disgruntled brother then me). :-(

Debra, Expert

It is not about what the court will allow. It's that if they don't sign the release the executor could be personally liable so they will have to wait.

Customer

Sorry I don't think I understand. Who will have to wait? And personally responsible how?

Customer

to clarify, everyone is in agreeance to sign the declaration to release funds early "except" my 2 brothers, so basically it would be 5-3 in favour of releasing early.

Debra, Expert

I've now answered on your other post. Thanks very much for starting it.

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