Legal Question in Wills and Trusts in California

Probate question & rights to live in house

My Mother passed away months ago. Her home was paid off. She left the house to my brother & I. My brother was living with her before she passed away and has since STAYED in the house. I live else where and get nothing from this so far.

We can't agree on anything & today it came to a head. He seems to think he is entitled to live there scott free with the exceptions of her taxes & utilities. I'm not happy about it.

I want to know IF he has the RIGHT to live there since she passed away? Can I have him removed from the house until it goes through probate which by the way has NOT even been started. I will be contacting an attorney asap. Can he LIVE their even if I DON'T want him too? I'm tired of paying bills while he lives high off the hog.


Asked on 3/27/08, 6:38 pm

2 Answers from Attorneys

Re: Probate question & rights to live in house

Depends. He likely can stay there until you are appointed Executor and then EVICT him (or come to an agreement). First thing is first... FILE YOUR PROBATE PETITION ASAP! Do not mess around with an attorney that does not know probate. Hire a highly experienced probate attorney. I do probates through California and would be glad to tallk to you about your case. Good luck!

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Answered on 3/27/08, 6:44 pm

Re: Probate question & rights to live in house

If your mother left no trust, then the way that real propert title is passed to the heirs is by having a probate. This is a court process whereby the assets of the deceased are "marshalled" (gathered) and distributions of the assets are supervised/approved by the Court.

In a probate, your brother may be able to stay in the house, but it is likely that he will be charged rent for that.

FYI: An attorney for you if a probate is filed for you to act as the personal representative is paid through the assets of the Estate so you generally will not have to pay out of pocket for the attorney.

You should, however, get a rough idea of the value of the assets in the estate (house plus any other assets, less amounts owed including mortgage(s)).

Let me know if you would like to discuss this.

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Answered on 3/27/08, 6:46 pm


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