It is highly likely that our brother will try to move into my father's house and assume possession of the house when my father dies, despite...

Question

It is highly likely that our brother will try to move into my father's house and assume possession of the house when my father dies, despite the fact that my dad's will specifically requires that all my dad's assets be equally divided between his 4 children. Our brother, as the eldest child, seems to feel entitled to the house and seems to think that if he moves in he will get to keep it. My father is 91 and of sound mind. He is very clear in his wishes. If the house is equal in worth to 1/4 of my dad's total assets when my father dies then my 2 sisters and I are happy for my brother to have the house. If the value of the house is less than 1/4 of the total assets then he would receive additional money from the estate to make each sibling's share of the estate equal. However, if the house is of greater value that 1/4 of the estate the house would need to be sold and the money divided equally between the 4 of us. My Brother is on social security and living in subsidized housing without any savings. He could not afford to buy the rest us out to be able to keep the house. My question is this: I my brother does immediately move into my father's house when our dad dies and refuses to leave, how do we evict him and how long will it take? We have tried to reason with him in a loving way about the terms of dad's will and the issue of fairness to us all, but he seems absolutely determined to get the house. All of us siblings have keys to my dad's house. Recently he moved into my dad's house without telling anyone while my dad was in the hospital with a broken hip. He left shortly before my dad's return because he does not get along with our father. One of my sister's, who lives near our dad (who has done a lot of care giving for him) and I are executors of my dad's will. This sister is also jointly on the deed to the house and is cosigner on my dad's bank accounts for practical purposes. I live in San Diego. The reason my brother is not the executor is because he is a practicing alcoholic who has behaved very irresponsibly over many years. We understand that when dad dies the house becomes property of the estate and none of us can claim ownership, and that all of the assets are to be divided equally. We have discussed changing the locks promptly after my dad dies. This could be awkward because my brother will come to the house with he rest of us to sort through the contents etc. My other sister who lives on the east coast will be staying in the house temporarily during this time, as will I, to help out with all this, but we will be leaving shortly after to get back to our lives. We would greatly appreciate: 1. Practical specific suggestions as to how we might prevent my brother from trying to assume possession of the house 2. What exactly would be involved in evicting him if he does, and how long might it take. Thank you very much for your time and help. We really appreciate it!

Answer

Already answered. Get an attorney involved. Wills must be honored with few exceptions.