Can 3 siblings force another sibling to move out of their mother’s home after she dies?

UPDATED: Oct 1, 2022

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Can 3 siblings force another sibling to move out of their mother’s home after she dies?

My fiance and I currently live with and provide round the clock care for her mother. However, recently we’ve been made aware of the fact that two of her older siblings, still not sure about the third yet, are planning to have her removed from the premises as soon as her mother passes on. How can this be a legal gesture considering that they all have an equal 1/4 legal share for both the land and residence?

Asked on March 26, 2018 under Estate Planning, Louisiana


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

Answered 4 years ago | Contributor

The executor of your mother-in-law's estate can have you removed by filing in the court for an eviction. However, once the property is transferred into your wife's and her siblings' names, then it will take an order of the court to remove her. This can be done through what is known as an action in "partition". Under such an action, when co-owners of property cannot agree as to ownership matters, then the court can order that the property be sold. Since that is not practical in the case of a single family home, then the court will instead order a "sale in lieu of partition". Accordingly, the property will be put on the MLS and then sold for fair market value. First, however, any owner who wished to keep the property can buy out the other owners (again for FMV).

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 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.

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