If a beneficiary wants to move into a house that they are to inherit with 2 other siblings, what can the siblings do to prevent that?

UPDATED: Oct 28, 2014

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If a beneficiary wants to move into a house that they are to inherit with 2 other siblings, what can the siblings do to prevent that?

My mom is in an assisted living facility with dementia. Her house has been vacant for a couple of months. My brother wants to move into the house. My sister and I are concerned that when my mom passes, he will have “squatters rights” to the house and impede our efforts to sell the house and split the proceeds between the siblings equally (she has a Will that divides her estate equally among the 3 siblings). I am executor and have power of attorney. What do my sister and I need to do before he moves in to protect our interest in the house.

Asked on October 28, 2014 under Estate Planning, Texas


Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 8 years ago | Contributor

There are no "squatters rights" that will entitle him to the house.  If the will leaves the house to the three siblings, then it will be distributed in that way.  The person who has financial power attorney for your mother or is appointed guardian for your mother's estate should will be able to prevent your brother from moving into the house.  If you however decide to allow him to move in and he should be responsible for taxes and upkeep of the house which may be a better alternative than having a vacant home.  

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