Legal Question in Wills and Trusts in California

Re: Probate, brother lives in house & I don't?

You must send him a note statig that you object to his lilving there rent free, that the house is now in probate and he has no right to live there as your mother is no longer alive to give him permission to live there and until the assets are distributed neither of you has the right to live there, the administrator of the Will should charge him rent at the fair market value if he continues to live there with the rent money going into the estate.

Then get a probate attorney to write a similar letter but citing the Probate Code and case law. Find out from that attorney what you can do to protect yourself as you appear to be heading to a fight with your brother who will claim that he already owned part of the house. Considering the value of homes in California, it is worth the cost of an attoreny to determine how best to preserve your interests. You also need to get a copy of the Will, file to be administrator, etc.

Good luck.

Re: Probate, brother lives in house & I don't?

I answered this identical question already in your first post.

Re: Probate, brother lives in house & I don't?

The law allows no one to live rent free. This is America; where the law of the land is capitalism.