Legal Question in Wills and Trusts in California

my brother and I are the only siblings. in the will we are to split everything equally. recently my family had to move in with my mother because of job lose. my question is if my mother dies dose my brother have the right to kick me out so the property can be split?

Asked on 6/15/10, 10:31 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Sure.

Answered on 6/15/10, 1:41 pm

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Aaron Feldman Feldman Law Group

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Technically, Yes, but there are still questions as to timing and procedures. For example, is the property in a trust? Does the will specify the property is to be sold or are you just being left the property to own jointly? Without some sort of trust, the property must go through Probate before it can be sold and a sale is subject to Court approval. This takes months. If the property is just left to you and your brother, then the Probate might only result in transferring title to you and your brother as tenants in common and then he might have to file a Partition action to sell the property. This could take more than a year. Ultimately you will need to move and you don't want to take any position that results in losing some of your share of the proceeds to costs and possibly reimbursing your brother for his attorney's fees. I advise you to meet with an attorney to look over the actual documents and advise you as to your specific rights and options.

Answered on 6/15/10, 2:07 pm

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