QUESTION
Can I be elected from a home I own 1/2 of?
Asked on May 03rd, 2013 on Estate Planning - California
More details to this question:
I have lived in my Mother's home for over 17 years. In her later days she was very sick for the last 3 years of her life. I was the one along with my wife who took care of her, took her to the doctors, hospitals, etc. she never drove. My Mothers wish was for me to continue to live here after her death if I wanted to. My brother was listed as the executor but lives in Florida for over 10 years. He has not been here to care for our Mother. Since my Mother passed away I have paid for all the up keep of the home and any taxes due. My brother has not payed for anything. I have inherited 1/2 of the home and am living in it can I be evicted by my brother who owners the other half?
12 ANSWERS
2 Awards
Evicted no, but he can force the sale of the house and would have to do that through a partition action, or if the property is actively in probate he may be able to get a court order there since you are not the owner yet, the estate is. You can always buy him out of his 1/2.
Answered on May 09th, 2013 at 2:03 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
The home should be in probate; the probate estate should be paying all the expenses. If your brother is personal representative, he can choose to sell the house you could buy, if there are other assets you're inheriting.
Answered on May 08th, 2013 at 3:07 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Yes, if he wants his half of the value of the property. He can ask the court to force a sale.
Answered on May 08th, 2013 at 2:32 AM
You might be subject to eviction. To settle this, the house may have to be sold, or you will have to buy out your brother's 1/2 interest. You can also consider a claim against your mother's estate for the services you provided her. Your best course of action is to contact an attorney specializing in estate matters.
Answered on May 06th, 2013 at 11:34 AM
3 Awards
I believe that you mean evicted, not elected. From your questions I cannot tell of the property went through probate and was distributed such that a deed was recorded by the Executor to you and your brother as joint tenants or if no probate has occurred and the property is still in your mother's name. If title is in your mother's name and your brother has been appointed, he can probably evict you. If the property has already been transferred to you both, he probably cannot. But that does not mean that he may not sue for partition or to force the sale, unless you can buy him out. Either way, I suggest that you meet with an attorney to address you options.
Answered on May 06th, 2013 at 11:33 AM
Probate Attorney serving New Orleans, LA
at
James G. Maguire
Update Your Profile
Your brother cannot evict you, since you are a co-owner of the property.
Answered on May 06th, 2013 at 11:31 AM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
He can request his share and if you do not pay him can start partition proceedings.
Answered on May 06th, 2013 at 11:31 AM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
No eviction of you directly, but brother could file a petition to partition the property, compelling a sale, and you would have the opportunity to buy out his half of the property if no one out bids you. Also, assuming the title to the property is in both of your names as a result of a probate proceeding, he could sell his half to someone other than you and vice versa as you could also. Consider entering an agreement of first right of refusal to purchase out the other half of the property, before either of you sell to some stranger, or a petition to partition is instituted. You are advised to obtain probate legal counsel to assist you to obtain a solution for your future occupancy of the residence.
Answered on May 06th, 2013 at 11:30 AM
Probate Attorney serving Palatine, IL
at
Law Offices of Robert H. Glorch
Update Your Profile
You might have a claim against your mother's estate for a larger share of the estate Talk to a probate attorney.
Answered on May 06th, 2013 at 11:27 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
No, you cannot be evicted, because you are part owner. Your brother can file a "partition action," however, which would force you to either buy out his interest in the home or sell the property and split the proceeds.
Answered on May 06th, 2013 at 11:27 AM
No, you both own a full interest in the entire house and neither can evict the other.? You should get your brother to probate the estate so that title to the property can pass [need to do so in county where house located. It is like two people equally owning 100% of the shares of a corporation; either one can sell their shares but neither can demand 50% of the physical structure of the company.
Answered on May 06th, 2013 at 11:27 AM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Not very easily. Meanwhile, be sure to file a Creditor's Claim for all of your expenditures and for compensation for your services. My biggest question for you: What is the basis of your assertion that "My Mothers wish was for me to continue to live here after her death if I wanted to."?
Answered on May 06th, 2013 at 11:26 AM