what can my attorney do about brother living in dead mother's house

Yes, you and your brother are the direct heirs to your deceased mother and are entitled to receive equal shares in the house, assuming she did not will the house to someone else, and your step father will have to move from the residence unless you want to charge him rent for his occupancy during the pending probate; you will have to file a petition into probate to obtain title to the house; please obtain the assistance of a probate lawyer, as the possibility is this could get ugly.

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Can my brother claim my mother's house as his after her death?

Nov 20, 2015 · First of all, my mother and father did not have a will. There are six siblings and two of them live in the house. My brother is addicted to drugs and the living conditions for a child or anyone is impossible. My sister and her eight year old …

What to do if a sibling refuses to leave the House?

Typically, the first step is to have an attorney prepare an eviction notice. At this point, they will have a set period of time to vacate the property. If the sibling still refuses to leave, they will be served with legal papers, and a trial may be scheduled. Following the law is essential to ensuring that an eviction is legal

Can I inherit my mother's house and step father's house?

Jan 16, 2013 · Yes, you and your brother are the direct heirs to your deceased mother and are entitled to receive equal shares in the house, assuming she did not will the house to someone else, and your step father will have to move from the residence unless you want to charge him rent for his occupancy during the pending probate; you will have to file a petition into probate to …

What happens to a house when a sibling dies?

Even if your parents' arrangement for your sibling is perfectly legal, it may come as a shock if they didn't tell you about it. In some cases, you may believe that your sibling used undue influence: If she was your mother's caregiver, for instance, she may have been able to pressure your mother into putting conditions in the will.

How do you get a sibling out of an inherited house?

Partition Actions: When an agreement about how to divide inherited property between siblings cannot be reached, the siblings may have to involve the court in order to force the sale of the property and terminate their co-ownership; a partition lawsuit is sometimes the only viable option for resolving conflicts when ...Feb 19, 2021

Can I live in my mother's house after she dies?

If you don't probate your mother's will, her house will remain in her name even after her death. This doesn't mean that you can't live in it or otherwise make use of the property, but you won't own it. If you don't own it, you can't sell it. You also can't use it as collateral for a loan.

Can siblings force the sale of inherited property?

No. All of the inheritors of the house will need to agree before a sale goes ahead. One of the biggest questions around inheriting property with a sibling is if a sale can be forced.Aug 23, 2019

Does next of kin override power of attorney?

No. The term next of kin is in common use but a next of kin has no legal powers, rights or responsibilities.

How do I transfer property from deceased mother to son?

The heirs to the property are you, your children and your father if mother had not inherited the property as an ancestral property. Each of you have equal right/ share in the property . You need to obtain a legal heir certificate and transfer the property in the name of either of you the heirs.More items...

What happens to my mother's house when she died?

If a homeowner dies, her estate must go through probate, a court-supervised procedure for paying the debts and distributing the assets of a deceased person. The home might be sold to pay debts or it might pass to a beneficiary or an heir.

How do you deal with fighting siblings who can't agree to sell the home?

If two siblings can't agree on how to handle the property, one of them can file a partition suit in court. The court will decide what to do with the property. In most cases, the house will be sold with the proceeds being split between the siblings.

What happens when 2 siblings inherit a house?

Unless the will explicitly states otherwise, inheriting a house with siblings means that ownership of the property is distributed equally. The siblings can negotiate whether the house will be sold and the profits divided, whether one will buy out the others' shares, or whether ownership will continue to be shared.Apr 27, 2021

What happens if one person wants to sell a house and the other doesn t?

If you want to sell the house and your co-owner doesn't, you can sell your share. Your co-owner probably won't like this option, however, unless they know and feel comfortable with their new co-owner. ... Co-owners usually have the right to sell their share of the property, but this right is suspended for the marital home.

Is the eldest child next of kin?

Siblings - brothers and sisters In the event that the deceased person passed away with no spouse, civil partner, children or parents then their siblings are considered to be the next of kin.

Who makes decisions if no power of attorney?

If you have not given someone authority to make decisions under a power of attorney, then decisions about your health, care and living arrangements will be made by your care professional, the doctor or social worker who is in charge of your treatment or care.Mar 30, 2020

Who can override a power of attorney?

The Principal can override either type of POA whenever they want. However, other relatives may be concerned that the Agent (in most cases a close family member like a parent, child, sibling, or spouse) is abusing their rights and responsibilities by neglecting or exploiting their loved one.Nov 3, 2019

How to evict a sibling from a deceased parent's house?

Typically, the first step is to have an attorney prepare an eviction notice. At this point, they will have a set period of time to vacate the property.

What happens if my sister refuses to leave?

If the sibling still refuses to leave, they will be served with legal papers, and a trial may be scheduled. Following the law is essential to ensuring that an eviction is legal.

What is the role of executor of a will?

While the administrator is only charged with distributing assets of the estate, an executor has more extensive duties, including following all the wishes of the decedent as presented in the will. Additionally, executors need to make sure debts and creditors are satisfied, a process that may include liquidating stocks, mutual funds, bank accounts, and real estate holdings.

What is liquidating property?

Liquidating Property. Both administrators and executors may be tasked with liquidating property and other real estate holdings. The money recovered from these asset sales will be deposited into a bank account for the estate and is used to satisfy debts, such as creditor claims, legal costs, and other expenses.

How to contact Ryan Hodges?

For more information on our services, contact us below! Call Probate Attorney Ryan Hodges at (480)467-4365 to discuss your case today.

Can a child move back in with their parents after college?

Today’s economic realities mean that adult children frequently move back in with their parents after college. If your sibling is still living at home when a parent passes, you might have to persuade them to leave the property so it can be sold.

Can the court uphold an eviction?

In some cases, the court will uphold the eviction, but in other circumstances they may encourage the siblings to find a remedy that works better for all parties. For example, the court may advise the executor to work out a rent payment plan or offer their sibling a revised timeline for moving.

What happens if your mother owns your house?

If mother "owned" the home with step-father, as husband and wife, or "tenants by the entireties" then the house is his and you and your brother have no rights. Look for this language on the deed. If step -father is not on the deed, you may have some rights.

How does my mother's interest in my house pass?

Your mother's interest in the house will pass to the beneficiaries named in her will, if she had one. If not, then that interest will pass pursuant to the laws of intestacy. It is quite likely that you would be entitled to inherit something under those laws. You need to contact a probate lawyer to discuss this matter. It sounds like that your mother's estate will need to pass through probate, which is a court proceeding. I do not recommend you try to probate the estate on your own.

What happens if your mother has no will?

If your mother had a will, the terms of the will would control. If there was no will, your stepfather will probably inherit the house. However, depending on the state you live in, you and your brother might have some claim to it. Check with an attorney who is familiar with the laws of the state in which the property is located.

What happens if you don't have a will or trust?

If there is no will or trust, it will depend on how long she owned the home prior to marrying your step father and if they refinanced the house or put community funds into payments on the house. The term of the marriage to your stepfather will also be a factor.

What happens if my step father doesn't have a will?

However, there are methods which your step-father can get a family allowance and other assets so his amount can be greater than 50% .

Can you inherit a deceased mother's house?

Yes, you and your brother are the direct heirs to your deceased mother and are entitled to receive equal shares in the house, assuming she did not will the house to someone else, and your step father will have to move from the residence unless you want to charge him rent for his occupancy during the pending probate; you will have to file a petition into probate to obtain title to the house; please obtain the assistance of a probate lawyer, as the possibility is this could get ugly.

Can you be considered heirs in Michigan if you are married?

In that case, it would depend on your stepfather's estate planning, if any. If there is none, you would not be considered heirs under Michigan law.

What happens when a parent dies?

When a parent dies, whoever inherits the house usually has the right to decide who lives there. Even if your sibling has been staying with your parents for years, that doesn't guarantee him the right to continue if he doesn't inherit the house.

How to stay on a property you don't own?

One way for someone to stay on a property he doesn't own is that the owner gives him a life estate, a guarantee he can stay there until he dies. If you inherit a house with a life estate attached, the life tenant has a legal right to keep living there. Usually a life estate requires the tenant maintain the house and pay insurance ...

Can your parents have an arrangement for your siblings?

Even if your parents' arrangement for your sibling is perfectly legal, it may come as a shock if they didn't tell you about it. In some cases, you may believe that your sibling used undue influence: If she was your mother's caregiver, for instance, she may have been able to pressure your mother into putting conditions in the will. Proving undue influence is difficult, but there are some signs -- for example, your parent completely rewrote the will, or your sibling initiated the push to have the will changed -- that might indicate the will is invalid.

Can a sibling live in a house?

Trust. Your sibling also could retain the right to live in the house if your parents placed the house in a special needs trust. These trusts manage the affairs of individuals whose mental or physical disabilities make it impossible to go it alone.

What happens if my mother doesn't pay rent?

The legal situation is complex and you should certainly consult a lawyer to find out your rights in your state, but you may be in a more precarious situation if you did not pay rent and if your mother did not make a will outlining how she would like her house to be divided upon her death.

What is life estate?

A “life estate” gives the care giver the right to live there for the rest of his/her life ( there may be some tax implications in that scenario, however). It’s also important to not view yourself as the victim. You felt pressured by your mother and, it seems, abandoned by your siblings, but you still had a choice.

What is ejectment in Florida?

In Florida and New York, for example, ejectment is essentially an eviction for non-tenants, “such as temporary guests or adult children who have never been asked to pay rent,” according to The Reeves Law Group. State and city trespassing and eviction laws have also been used to oust unwanted guests.

Do you have rights as a good son?

Finally, you do have rights. You, Good Son, are in a stronger position than most adult children in these kinds of situations because you are one of the legal heirs to your mother’s estate and you were your mother’s primary care giver.

James P. Frederick

What often happens in cases like this is that the court will appoint a public administrator to complete administration of the estate. It is possible that your sister would be forced to move out. It is also possible that she could remain, if she buys out the shares of the other siblings.

Charles Adam Shultz

Mr. Smolinski asks the exact necessary question: Who is in charge? How was the house titled? If in your mother's name, then probate is necessary. If in a trust, who is the successor trustee. What gives any of you the right to dispose of property.

Paul A. Smolinski

My first question is "who is in charge of your mother's estate?" That person needs to meet with sister and figure out the terms on which she is buying the home as everyone needs to be on agreement with that or sister has to move out of the house.

Can a personal representative evict a tenant in Florida?

Therefore, the personal representative will not have authority to evict the tenants or your brother.

Can you evict your sister and sell the house?

You have absolutely no right to do anything until you apply to the court for letters of administration. As administrator you can evict your sibling and sell the house. You can also back charge him or her for any damages and for rental value of the house while squatting there.