Legal Question in Real Estate Law in California

The answer to your question depends on exactly how title to the house was held between your father and your brother. If they held title as joint tenants "with right of survivorship" then title passed to your brother when your father died and, yes, your brother may kick you out.

If title was held between them as tenants in common, then your brother now holds title to the house in common with your father's heirs. If your father had a will, then his share will pass to whomever he designated in his will.

If your father did not have a will, then his share will pass according to the laws of intestacy. As a general rule, if your father was unmarried or widowed when he died, and he died without a will, then most likely his share will pass to his children in equal shares. However, there are exceptions.

Either way, you do need legal advice. Your attorney will need to review the latest deed to the house (and perhaps also a title report), your father's will (if he had one), and if your father did not have a will, then your attorney will need a complete understanding of your father's marital and childbearing history, among other things, to sort this out.