How to Remove Siblings from Deceased Parent’s Home

The Emotional Toll on Responsible Siblings

You’ve carried the weight of responsibility for years, managing family obligations, and now you’re the executor of your parents’ estate. For years, you tolerated your sibling’s exaggerated claims about how much “help” they provided by living in your parents’ home rent-free. Now, with your parents gone, they’re refusing to move out of the house.

The situation might feel painfully familiar: Your sibling insists the house should be theirs, claiming your parents promised it to them. Of course, nothing is in writing. Worse, they might have manipulated your parents into signing over the house when they lacked mental capacity or, even more infuriatingly, forged documents to support their claim.

You’re left picking up the pieces, navigating probate, and trying to sell the house to distribute the inheritance fairly among the beneficiaries. But the lazy sibling’s antics are targeting you as the responsible sibling. It’s exhausting and infuriating. Fortunately, the truth has a way of shining in the light, and the legal system provides remedies to help you resolve this and move on with your life.

Why a Probate-Based Solution Works Best

When it comes to removing a sibling from a property, probate court offers an efficient solution compared to filing a separate partition action in civil court. Florida law allows for ejectment proceedings within the probate case. Ejectment is a legal remedy designed to remove someone wrongfully occupying a property—perfect for dealing with a sibling who refuses to move out.

Here’s why ejectment in probate court is a better option:

1. Efficiency: Ejectment eliminates the need to open a separate civil case, saving you time and resources.
2. Centralized Process: Everything related to the estate—asset distribution, creditor claims, and sibling disputes—is handled within the probate case.
3. Legal Authority: A probate judge has the power to issue an order removing the sibling from the property and ensure compliance.

Ejectment: The Probate Court Solution

Ejectment is particularly effective for removing siblings who refuse to vacate inherited property. As part of the probate process, I can take several steps to get the holdover sibling out:

1. Motivating Letters: I’ll send strongly worded demand letters to your sibling, making it clear that their refusal to leave is legally untenable. These letters often spur action before court proceedings escalate.
2. Petitioning the Court: I’ll file a petition for ejectment within the probate case, explaining to the judge that the sibling’s occupation of the property is preventing the estate from being settled and the beneficiaries from receiving their inheritance. Florida Probate Rule 5.065 governs these proceedings, ensuring proper notice and due process for all parties. Read the rule.
3. Setting Hearings: I’ll request a court hearing to present evidence that the sibling has no legal claim to stay in the home. Judges take these situations seriously, especially when one beneficiary is unfairly burdening the others.
4. Court Order: Once the judge issues an order for ejectment, the sibling must leave the property. If they refuse, law enforcement can enforce the order.

Why Eviction is the Wrong Solution

At first glance, eviction might seem like the logical step to remove a sibling who refuses to leave your parent’s house. However, eviction is legally designed for removing tenants—people who entered into a rental agreement and have stopped paying rent. The law does not treat family members or beneficiaries in the same way.

Here’s why eviction is the wrong solution:

1. Beneficiary vs. Tenant: Your sibling is likely a beneficiary of the estate, not a tenant. Florida law recognizes this distinction and provides a specific remedy—ejectment—for cases involving family disputes over inherited property. Florida Statute §64.011 governs partition actions and emphasizes their appropriateness for co-owners, not holdover beneficiaries. Read the statute.
2. Complex Relationships: Eviction proceedings are transactional, focusing on unpaid rent or lease violations. Probate cases, on the other hand, take into account the familial and emotional dynamics that often complicate these disputes.
3. Jurisdiction: Eviction cases must be filed in civil court, requiring you to open a separate case outside of the probate process. This adds unnecessary cost and complexity. By pursuing ejectment through probate court, the entire matter stays within a single jurisdiction.
4. Judicial Understanding: Probate judges are experienced in handling family disputes and the unique issues that arise in estate administration. They are better equipped to evaluate evidence, such as the validity of a will, or claims of undue influence, than judges in civil eviction cases.

Why a Partition Action is Not the Right Answer

A partition action is another potential remedy for disputes over inherited property, but it’s often inappropriate or undesirable in cases involving siblings refusing to move out. Here’s why:

1. Separate Civil Court Proceedings: Partition actions must be filed in civil court, requiring you to open a separate case from the probate proceedings. This adds time, complexity, and costs.
2. Involvement of Third Parties: In a partition action, the court may appoint a third party to oversee the sale of the property. This often results in higher costs and less control over the sale than if you worked with my team directly.
3. Capital Gains Tax Implications: Partition actions occur after the inheritance process is completed, which can trigger significant tax liabilities. Once the property is distributed to the heirs, any appreciation in value from the time of your parent’s death to the sale is subject to capital gains tax. Florida Statute §733.817 governs the distribution of estate property and highlights tax considerations. Read the statute.
4. Appraisal and Accounting Costs: Your accountant will likely require you to hire a professional property appraiser to determine the property’s value at the time of your parent’s passing. These costs can further reduce the net proceeds.

By addressing the issue within probate court through ejectment, you can avoid these pitfalls. The property can be sold directly from the estate, preserving the step-up in basis for tax purposes and avoiding capital gains tax. This ensures more money stays within the family rather than going to the IRS.

Financial Penalties for Holdover Siblings

In addition to removing the sibling, I can petition the court to impose financial penalties to offset the cost and inconvenience they caused:

• Charging Rent: The sibling can be required to pay rent for the time they occupied the house after your parent’s passing.
• Attorney’s Fees: I can request that their share of the inheritance be reduced to cover the legal fees incurred while resolving this dispute.
• Property Damage or Delays: If the sibling caused property damage or delayed the sale, their inheritance can be further reduced to compensate for these losses.

These measures not only ensure fairness but also discourage similar behavior in the future.

Examples of Bad Sibling Behavior

Do any of the following examples resonate with you?

• The Verbal Promise: Your sibling claims your parents promised them the house. They tell anyone who will listen that they were meant to inherit it outright. Unfortunately, there’s no documentation, and you’re left with a stubborn sibling living rent-free in the home.
• Manipulation in Hospice: Imagine your sibling convinces your parents, who are in hospice care and not of sound mind, to sign over the house. While the signature might look valid, the circumstances make it highly questionable.
• Forgery: Perhaps your sibling even went as far as forging a will or other documents to make it appear as though they should inherit the house. These actions can feel infuriating, but they rarely stand up to legal scrutiny.
• The Refuser: Your sibling simply refuses to move out. They’ve been living in the home for months or even years, preventing the estate from being settled and burdening you with delays and additional costs.

In situations like these, a probate court can help untangle the truth and ensure fairness for all parties involved.

How I Can Help

As a Florida probate attorney, I specialize in handling emotionally charged situations like this. Here’s how I can assist you:

• Drafting and filing petitions for ejectment.
• Sending motivating demand letters to reluctant siblings.
• Representing you in court hearings and presenting evidence to the judge.
• Calculating rent, legal fees, and penalties to be deducted from the sibling’s inheritance.
• Ensuring the property is sold, and the proceeds are distributed fairly.

I’ll stand by your side, ensuring that the truth comes to light and that justice is served.

Contact Me

If you’re dealing with a sibling refusing to leave your parent’s home, I’m here to help. Contact me today for a consultation:

• Phone: (305) 634-7790
• Email: JO@JOValentino.com
• Contact Form: www.jovalentino.com/contact

Let me help you resolve this dispute so you can move forward with your life.