can my brother keep possesion of the family home once my mothers passes. even if the will states it is to be sold and divided up?

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can my brother keep possesion of the family home once my mothers passes. even if the will states it is to be sold and divided up?

my brother will be moving in with my sick mother and he wants to take possession of the house when she passes. If he is in the house can we sell it and make him move out? The house is in California

Asked on June 15, 2009 under Estate Planning

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It seems that your Mother's intent was to give you all equally.  When you say your Brother wants to take possession do you mean that he wants to buy the house from the rest of you?  You can sell your share of the house back to one of your siblings.  It would be no different that selling to another and splitting the proceeds.  If he does not want to buy you all out but just wants to live there the Executor can sell it with him in there but the buyer will want it delivered vacant.  You may then have a Landlord Tenant battle on your hands with your own brother.  You should try andwork things out before your Mother passes.  It is only for the best.


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