QUESTION

In Virginia does my brother have the right to remain in the home that was left to him and I at the time of the last parents death even though he lived

Asked on Nov 27th, 2020 on Estate Planning - Virginia
More details to this question:
My brother has remained living in the home that was left to him and I. My parents didnโ€™t do a will but I was my mother and fathers POA. After my father passed my brother goes to courthouse quickly as Iโ€™m burning my father whom I paid to have buried with no help from him. My brother was appointed executor of the estate not even telling me he did this. I was so tired at this time I didnโ€™t care but we are going on two years and he has never settled the estate yet. He is living there for free as he did to my mother and father and has also changed the locks on the home so I canโ€™t enter. The probate lawyer in chesterfield, Virginia has had it with him and I want to proceed to find me a good lawyer in chesterfield, Virginia to file for half of my inheritance. The property is over a million dollars as I handle all finances for my parents prior to their death plus took 100,000. Of my own money to care for them. My brother has no once offered a dime to help but now he thinks he basically owns t
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
In many states after two years with no distribution, you can apply to the court to remove your brother and appoint you.  You can then file an eviction action in small claims/justice of the peace court and an action for damage to the estate (no rent) in probate/surrogate's court.  However, unless your parents had a contract with you, the likelihood of your recovering funds for the amounts you spent on their care is nil.  It will be deemed a gift.
Answered on Nov 28th, 2020 at 5:05 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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