Can I be forced out of my elderly mother’s house by my siblings?

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Can I be forced out of my elderly mother’s house by my siblings?

When my grandmother passed way she left a Will. She owned the house my father and mother lived in (but my father had already passed away years before her). In her Will, she left the house and land to my mother and all her surviving children. I currently live with my mother. She is in the hospital now and my surviving brothers and sisters are trying to have me thrown out of the house even though my name is listed in the Will. They told me that I have to leave. I went to the hospital and asked my mother if she wants me to leave. She said “no”. Now all of a sudden they have barred me from visiting my mother in the hospital and have written a letter and had her sign it stating that I have 60 days to leave the house. Can they force me to leave?

Asked on October 6, 2013 under Estate Planning, Georgia

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for the situation.  It sounds as if your siblings may be taking advantage of your Mother in her delicate condition and that you need to speak with some one about that as soon as you can.  It is called "undue influence" and you should consider becoming your Mother's guardian and/or conservator to protect her (and ultimately you).  Now, was the Will probated when you Grandmother died and the house transferred?  If not then no one has any rights here yet.  If it was and you are named on the deed then you have the same rights as everyone else named.  Can they force you out?  Well, it really depends.  They can bring an action for "partition" that asks the court to divide the house equally and usually results in the house being sold and the proceeds split.  Also, they can not bar you from visiting your Mother.  PLease get legal help.  Good luck.


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