Evicting a family member

Ask Phyllis: a blog series of frequently asked real estate questions.

Dear Phyllis,

I am an “Ask Phyllis” fan and hope you can help me. My parents had a vacation home in Palm Springs. For years, our extended family enjoyed weekends there. About ten years ago, my brother got fired and needed a place to live. My parents had him move into the Palm Springs home rent-free all this time. My parents have both passed, and as the trustee, I need to do what’s best for the estate.

There are four of us, me and three brothers; we all equally share the inheritance. In addition to the Palm Springs home, there are some savings and my parents’ home. However, this won’t be enough for the Palm Springs brothers to buy us out. I have tried discussing the situation with him, but now he won’t take my calls. He never got another job and can’t afford to pay rent. I don’t want to have to evict him. I don’t know what to do next.

Celia

Dear Celia,

Managing family and financial matters becomes complicated and stressful, especially after the loss of loved ones. Serving as a trustee already requires significant work in a “normal” situation, and I am sorry you are dealing with this difficult circumstance. Ultimately, you and your family must decide based on your specific circumstances and priorities. You may find it helpful to hold an open and honest conversation with your other siblings to discuss everyone’s needs and concerns and to work together toward a solution.

After the three of you agree on how to proceed, schedule another meeting with your brother in Palm Springs. Include a neutral third party, such as a mediator or the trust attorney, to help guide the discussion and ensure everyone communicates their needs and concerns clearly.

Unfortunately, unless you and your brothers agree to allow him to remain in the home rent-free indefinitely, you will likely need to consult an eviction attorney and begin the formal process. Simply put, your brother either pays the estate market rent or you sell the home.