Legal Question in Wills and Trusts in Louisiana
My mothers property was left to my brother and I to be split equally according to her will. He is named as executor. I have lived in my mothers home since 2009. Now my brother is telling me that he has the right to charge me rent to continue living in the home. He is also threatening to sell the house without my permission. Does he have the legal power to do any of these things?
4 Answers from Attorneys
You need to settle the estate. One of you will need to buy the other out of the house or sell it and split the proceeds.
You are a co-owner of the house, and your brother does not have the authority to charge you rent unless you agree to do so. HHe cannot evict you.
As the executor of your mother's succession, he does have the right to sell the house withour your consent.
You and your brother own the house, so I disagree with Mr. Maguire that he can sell the house without your consent. What can happen is no one can be forced to own something with someone else so he can ask the court to sell it. You can buy it or let it be sold at auction or at sheriff's sale.
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