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debodo3301 · Nov 4, 2008, 02:25 PM

My father just recently passed away, and unfotunately my brother was named the Executor of the estate.

I have been living in my parents house and was their caretaker for 3 1/2 years!
In my dad'will it stated that the 6 children were to decide the fate of the house!
3 wanted to keep it, 3 didn't!

So , we were told if we could reimburse the other 3, we could have the house for us!

The problem came when my older brother wanted me to get out in 3 days! He didn't want to pay the bills on the house any longer!

I said I thought he should still take care of the basic ones, and I would pay the cable, till the end of December. And that gave us time to see what we could get together!
Under duress, I reluctantly agreed, but then I was told by a realtor, that I should only have to pay the cable.
Because all else was needed to clean out clothing, give away stuff, etc. I presented this to my brother. He started screaming at me that we had a verbal deal and he wasn't changing it!
If I didn't follow through and pay ALL the bills, tomorrow he would have me evicted.

This is not his house! It was my parents' and was left to ALL SIX KIDS!

So what do you suggest?

Fr_Chuck · Nov 4, 2008, 02:37 PM

The person over the will has the right to take care of the property prior to the estate being settled.

And no you can't live there rent free if all of the members do't agree, you can be required to pay full rent, or be asked to leave

The 3 that want to keep the house need to hire an probate attorney to get the house issue settled.

rockinmommy · Nov 4, 2008, 05:16 PM

I agree with FrChuck...

EXCEPT, he can't just verball evict you.

There's a whole process he'd have to go through to formally evict you, as this is clearly established as your residence.

I don't recall if you named your state. There's a "sticky" at the top of this forum with a link to each state's landlord / tenant laws. It will detail in there first, how much notice you must be given (written - clock doesn't start until you receive notice)to terminate your "periodic tenancy" - like you're a month-to-month tenant. It's usually around 30 days - varies by location. Then if you're not out at the end of that notice period it will also outline the formal eviction process that would have to occur.

Don't panic. Do you think he would physically remove you, or is he "all talk"?