Can my dad still kick my brotherout ofhis and my mom’sproperty if my mom left her 50% to all her 7 kids?

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Can my dad still kick my brotherout ofhis and my mom’sproperty if my mom left her 50% to all her 7 kids?

Asked on January 1, 2012 under Estate Planning, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your brother is of record ownership of the property that you are writing about as inherited from your deceased mother, your father can kick your brother out of a home that he has a legal interest in. However, for that to occur would be in violation of uniform common law of all states in this country.

The reason is that under the common law, all owners of a piece of real property absent a written and signed agreement to the contrary have the legal right to occupy property that they own. In the situation that you are writing about, your brother who might be kicked out of the unit by his father has the legal right to remain in it if he is on recorded title to it.


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