Brother Living in Deceased Parents’ House

Understanding Inheritance and Property Rights

When parents pass away, their property is typically distributed according to their will or, in the absence of a will, state intestacy laws. If the will or intestacy laws grant the house to a single sibling or multiple siblings, the sibling living in the house may be violating the rights of the other beneficiaries.

However, if the deceased parents left the house to the sibling living there, the other siblings have no legal claim to the property. It is crucial to understand the legal rights and entitlements of each sibling before taking any action.

Legal Steps to Address the Situation

If a sibling is living in the deceased parents’ house without proper legal authorization, there are several legal steps that can be taken to address the issue:

Probate and Estate Administration

Probate is the court-supervised process of administering a deceased person’s estate. If the sibling living in the house is not entitled to the property, the probate process can ensure that the property is distributed according to the deceased’s wishes or intestacy laws.

Trust Administration

If the deceased parents placed their house in a trust, the trustee is responsible for administering the trust according to its terms. The trustee can take appropriate steps to remove the sibling from the house if they are not a beneficiary or if their continued occupancy violates the trust terms.

Eviction Process

In some cases, it may be necessary to initiate an eviction process to remove the sibling from the house. This involves giving the sibling proper notice and, if necessary, obtaining a court order to evict them.

How Hess-Verdon & Associates Can Help

Hess-Verdon & Associates is a leading law firm with unparalleled estate planning expertise and over three decades of experience in estate planning, business, and commercial litigation. Our dependability and sophistication in trust and probate litigation make us the ideal choice for trustees, beneficiaries, business entities, and real estate partners.

By choosing Hess-Verdon & Associates, you can rest assured that your case will be handled with care, professionalism, and the attention it deserves. Don’t hesitate to contact us at 1-888-318-4430 for a consultation.

Conclusion

Dealing with a sibling living in deceased parents’ house can be a complex and emotionally charged issue. Understanding inheritance and property rights is essential to determine the appropriate legal steps to address the situation. With the guidance and support of Hess-Verdon & Associates, you can navigate the legal process with confidence and ensure that your family’s rights are protected.

FAQ

1. Can my brother legally live in our deceased parents’ house without my permission? Answer: Generally, if you and your brother are co-owners of the property or if he was designated as the sole heir in the will, he may have a legal right to live in the house. However, if you have concerns about his occupancy or legal ownership, it’s best to consult with a trust and probate litigation attorney.
2. What are my options if I want my brother to move out of our parents’ house? Answer: If your brother is legally entitled to live in the house, it may be difficult to force him to move out without a court order. However, if you and your brother are co-owners of the property, you may be able to work out an agreement or buyout. Consulting with a trust and probate litigation attorney can help you explore your options.
3. What happens to the house if my brother dies while living there? Answer: If your brother is the sole owner of the house, the property will likely pass to his designated heirs or beneficiaries according to his will or state law. If you and your brother are co-owners, your ownership rights will depend on the specific terms of ownership outlined in the property title or other legal documents.
4. Can I sell the house without my brother’s consent if I am a co-owner? Answer: Generally, all co-owners of a property must agree to sell the property. However, if your brother is living in the house and not contributing to its maintenance or expenses, you may be able to petition for a court-ordered sale. Consulting with a trust and probate litigation attorney can help you understand your legal rights and options.
5. Can I evict my brother from our parents’ house if he is not a legal owner? Answer: If your brother is not a legal owner of the property, you may be able to evict him through legal means. However, the eviction process can be complicated and may require a court order. It’s best to consult with a trust and probate litigation attorney to understand your options and rights.