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


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:


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