If my brother gets a lot of his mail sent to my mother’s house, how can I make sure that he doesn’t try t move in after her death?

He does not live there but lives in the same city. I am afraid that when she passes away he could claim that he has been living at her house and I will not be able to make him leave even though I will inherit half of the house. What are the laws regarding this?

Asked on July 13, 2015 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Whoever is named as the executor of her Will, will have the right to oversee her assets, including her home. They can prohibit your brother from taking occupancy, or take all legal steps to remove him if he does. If there is no Will then a personal representative will be appointed to administer her estate, and will have the same rights as an executor would have.

Once the property is put into both of your nmes, then as a co-owner, you will be able to force a sale of the house if you want (via something called an "action in ppartition")�or you can buy out his share for fair market value.

At this point you can�consult directly with a probate attorney in your area. They can best advise as to all of this.

Note: Here is a link to a site that will expalin the probate end of things further:

http://www.courts.ca.gov/8865.htm


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.