Legal Question in Wills and Trusts in Alabama
My mother and father have a will leaving all of their property equally to their 3 cheildren, of which I am one. I am also the appointed executor stated in the will. My father died 4 years ago. After my father died, my mother allowed my brother and his family to move in with her in her lien free home. In the event of my mother's death, what has to happen to allow the sale of the house in the event my brother refuses to move out or allow the house to be showed to prospective buyers.
2 Answers from Attorneys
The Will would be probated, and if the three children the house is left to can't agree, a Petition for Sale and Division is filed with the Probate Court to force a sale and division of the proceeds. The Court can also address the possession of the property by one of the children, if the possession is improper or interferes with selling the property.
I would comment, that without more, the house will belong to the estate. The brother and his family now live there at the pleasure of your mother. Unless there is a lease or something that grants them a possessory interest in the house, they live there with the permission of your mother. If the estate, which will own the house on her death, withdraws that permission, your brother would be a trespassing. If and when the estate divides the property among the siblings, the subject of a sale for division would come up, as my learned friend points out.
Your mother may have transferred some interest in the house to the brother, which is something that would really matter on her death.
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