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Sarah M.
Sarah M.
Nerang, QLD
3 Likes
0 Followers

Hi!
My youngest sister has been Granted Letters of Administration for my dad’s estate. His house is the only asset left to distribute. It’s equally owned amongst 4 siblings. 3 of us have cleaned and emptied it, ready to sell. One of my siblings is a meth addict and has since moved in to the house, without our consent. Looking for recommendations on how to go forward. We need to sell and we need to get them out to do that. I don’t know where we stand legally as we’re all equal beneficiaries. Can we force them out if they refuse to leave?

5 months ago

Responses

5 months ago

Police and lawyer then work from there.

I would suggest that you consult a lawyer. You can get orders for the sale of the house and removal of the sibling via the Court if that becomes necessary but I would talk to a lawyer and see what less drastic options are available.

Patrick is on the money here.......it would seem you dont have any real option other than to get a solicitor involved

Im pretty sure that the police will not be able to provide you any assistance at all......

BC

As everyone has pointed out, you will need to get an eviction notice issued by the courts in order to legally proceed to remove him.

A further suggestion would be to get some rental appraisals ready and have correspondences (eg. Emails or letters sent to him) reflecting the matter. When it is heard at court have solicitors apply for rent and costs to be awarded to you, and settled from his share of the proceeds of the sale. This may also motivate him to move out rather than spend his inheritance on rent and legal costs.

Hope everything turns out, it is unfortunate to have to deal with something like this immediately after the loss of a loved one. My condolences.

Sophie

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