Legal Question in Wills and Trusts in Virginia

Yes, you can initiate action to have him evicted if the other

co-owner (your sister) agrees and joins in the suit (This, of course,

assumes that he has acquired no marital interest in the property

by way of his activities on and in regard to this property

since he began to occupy it.)

Based on your zip code, I assume that the "other State" is Virginia.

I am licensed only in Virginia, so I cannot give you advice about matters outside of Virginia.

As co-executors and co-beneficiaries, you and your sister should have resolved the house either by selling it or by writing a deed to transfer ownership of the house into your name and your sister's name jointly.

Of course you can demand rent from anyone "holding over" in the house. Perhaps the cost of the property tax, insurance, etc., woudl be DEDUCTED from reasonable rent at the going price for that area. (Typically upkeep would be the responsibility of the renter anyway, unless it involves major items, repairs, or improvements.)

And if someone does not pay rent, you could have them removed.

The problem with your situation here is that you are not the executor. Together you and your sister are JOINTLY exceuctor as a committee. So if your sister is not willing to hold her husband accountable, then you would not be able to do anything alone.

In that case, your only recourse would be to file a lawsuit for "PARTITION." A judge would order the house's legal ownershp to be divided between you and your sister. Because the house cannot be cut in half, it would be SOLD and th emoney divided. Your sister's husband COULD be the one to buy it. But he could not stall.